When newspapers reported about the demise of Mark Twain, the American author and humorist quipped that “rumors of my death have been greatly exaggerated.” More than a century later, the same could be said of the federal estate tax, which is effectively defunct for all but the richest Americans.
Military Service for Noncitizens
Persons who wish to serve in the US military and are not citizens can do so if they are lawful permanent residents (have a green card). Or can they? While the websites for the US military all claim that anyone with a green card is at least eligible to apply to join, the reality is that since October 2017, the active duty military, as well as the reserve units, cannot allow someone who is not a citizen of the US to enlist. The reason for such a policy is that Gen. Anthony Kurta, who has been nominated to be the […]
What is Discovery?
Discovery is a term used to describe the process that permits each party to obtain evidence related to their case. It usually takes place shortly after a plaintiff files his or her complaint. Maryland rules allow for different forms of discovery. The two most common forms of discovery are Requests for Answers to Interrogatories and Requests for Production of Documents.
Immigration • Cancellation of Removal
Cancellation of Removal Part 3 If a person is battered or subjected to extreme cruelty by a US citizen spouse or parent (or a spouse or parent with a green card), or is the parent of a child who was battered or subject to extreme cruelty, then they may get lawful permanent residence (“green card”) under Section 240A(b)(2) of the Immigration and Nationality Act (INA) through the Immigration Court. They do not need to be separated or living apart from the spouse or parent who is committing the battery or extreme cruelty in order to apply for this form of […]
The Cost of Not Having An Up-to-Date Estate Plan
What did Heath Ledger, Princess Diana, and the singer Prince all have in common? Each of them died with a botched estate plan– or none at all– and they cost their families a fortune in money and grief as a result. The shock of Heath Ledger’s death from a drug overdose in 2008 was compounded by the discovery that his will left nothing to his only child, Matilda. Heath had prepared his will before Matilda was born, and the Australian actor never updated the document to provide for her.
Contempt & Modifications
Some legal terms you’ll want to know! You’ve gotten divorced or filed suit for custody and support, the judge made his or her determination and you received a court order outlining that decision. What happens when one person decides not to listen? What happens if one person loses their job? Circumstances change especially for those families who divorced while their children were young.
In the Military Divorce is Different
A servicemember’s retirement pay is considered marital property. Depending on the length of the marriage and the court’s order, a percentage of the marital portion of the retirement pay is reserved for the former spouse upon the servicemember’s retirement. Due to a recent Supreme Court decision, a former spouse may now lose a significant amount of their awarded percentage of the servicemember’s retirement pay.
I’m Getting a Divorce
A source of worry and concern for many clients involve what to expect when they go to court for their divorce. What will spouse’s attorney ask me? What dirty laundry is going to be aired? What will the judge decide?
What is an ‘Anchor Baby’?
There is an increasing volume in the shouts of fear and rage against people having “anchor babies” in the United States. However, does anyone know exactly what that phrase means? It’s a nasty label given to a child born in a country of which the pregnant mother is not a citizen in an effort to provide an immediate way to gain citizenship (or lawful status, at a minimum) for the parent. While that may work in some countries, it is not an option in the US.
Pre-nups, Post-nups, & Marital Property
A guide to the perplexed When couples get divorced they are required to identify marital property and non-marital property. Many individuals don’t know what makes property marital and therefore, how they may unintentionally make a non-marital asset marital.