The lawyers of The Firm have a long practice of writing articles for law reviews and journals. Partly we do this to elevate the practice of law in general. This also keeps us sharp and up-to-date.
Because we exclusively practice the law of estates and trusts, we are constantly handling issues within that field on behalf of our clients. Writing for professional journals gives us a chance to do a deep dive into a specific facet involving the practice of the law of estates and trusts.
All of our articles relate directly, and in a very practical way, to our core practice area. This is yet another activity that enhances our ability to deliver superior services to our clients.
The Maryland Trust Act: The Fate of the Unknowledgeable Beneficiary (Summer 2019)
By Fred Franke & Deb Howe
The University of Baltimore Law Forum Journal
When adopting its version of the Uniform Trust Code, Maryland made two modifications that potentially reduce the ability of trust beneficiaries to enforce their rights. Because the Maryland statute rests on the common law to the extent that the Maryland Trust Act does not specifically alter the common law it still prevails. This law review article examines the implications of the shift away from a well-informed beneficiary including whether it defeats the purpose of the trust, accomplishes the stated goals, and whether these sections successfully abrogate the common law.
Medicaid Planning for Maryland Family Lawyers (April 2016)
By Jack Beckett (and co-author Phyllis Erlich)
Maryland Bar Journal
This article presents family (divorce) lawyers with an overview of Medicaid planning and the impact of marital status and divorce on Medicaid benefits.
Self-Settled Asset Protection Trusts For Married Couples in Maryland (April 2015)
By Fred Franke (and David Sessions as co-author)
Leimberg, Asset Protection Planning Newsletter
This article explores various asset protection techniques that are available for married couples in Maryland. It includes the use of a tenants by the entirety trust to protect those assets, the use of lifetime QTIP trusts to also protect a married couple’s assets as well as other techniques.
Benevolent Benefactors be Aware: Changes in Medicaid Policy Result in Fairer Treatment of Gifts (June 2014)
By Jack Beckett (and Lori Frank as co-author)
Maryland Bar Journal
This article explores the use of gifting to qualify for Medicaid benefits and the complex regulatory framework that needs to be navigated in order to accomplish Medicaid qualification.
The Terms of the Trust: Extrinsic Evidence of Settlor Intent (Spring 2014)
By Fred Franke (and co-author Anna Katherine Moody)
American College of Trusts and Estates Counsel Journal
This article explores the extent that extrinsic evidence of settlor intent can be used in a trust dispute. The basic rule is that a trust should be applied consistent with how the settlor had designed it so the settlor intent in theory becomes a lodestar of all trust interpretation. A surprising amount of evidence not contained in the trust document itself may be used to establish that intent
Resisting the Contractarian Insurgency: The Uniform Trust Code, Fiduciary Duty, and Good Faith in Contract (Winter 2010)
By Fred Franke
American College of Trust & Estate Counsel Journal
As a common law concept, fiduciary duty evolves over time as courts apply the doctrine. The highest duties are generally imposed on trustees but those duties also apply, in various degrees, to the attorney-client relationship, to the principal-agent relationship, and in various business settings. This article explores the changes that have taken place in the meaning of fiduciary duty in these various settings.
Asset Protection and Tenancy by the Entirety (Spring 2009)
By Fred Franke
American College of Trust & Estate Counsel Journal
This article explores the protection offered by a married couple holding property (real property and personal property such as bank accounts) as tenants by the entirety. Various states apply these rules differently and some states do not recognize the tenancy. Maryland is one of the states most vigorously protecting assets held as tenants by the entirety.
Perfect Ambiguity: The Role of the Attorney in Maryland Guardianships (1996)
By Fred Franke
The Maryland Journal of Contemporary Legal Issues (The University of Maryland Law School)
This article explored the different views of the attorney’s role when representing an alleged disabled person in a guardianship proceeding. On the one hand, the older view that judges held was that the court appointed attorney should be “the eyes and ears” of the court whereas the more modern view is that the court-appointed attorney should vigorously resist the guardianship if the prospective ward so instructed or, some would argue, if the prospective ward cannot give reasonable consent to the guardianship.
