Law Offices of Dawn S. Veltman, LLCLaw Offices of Dawn S. Veltman, LLC2025-03-31T13:59:04Zhttps://www.veltmanlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604246/2022/03/cropped-dv-siteicon-32x32.jpgOn Behalf of Law Offices of Dawn S. Veltman, LLC<![CDATA[How parental alienation can harm your children]]>https://www.veltmanlaw.com/?p=2548472024-02-12T20:27:22Z2024-02-14T20:25:40ZWhat is parental alienation?
Parental alienation is a manipulation tactic in which one parent skews a child’s perceptions in hopes of damaging their relationship with the other parent. By doing so, the child may come to despise the alienated parent, even going so far as to disparage them in-person and on a constant basis.
The effects of parental alienation can be wide-reaching and severe. They include:
Trouble developing healthy relationships: Children who have been alienated from a parent have been conditioned to shun people when they feel threatened, and their perceptions of risk and threat are oftentimes unrealistic. This means that they can find themselves consistently isolated, which can lead to other mental health issues like anxiety and depression.
Issues with people of authority: Parental alienation teaches your child how to sidestep and even disrespect someone in a position of authority. A long-term issue, this lack of respect for positions of authority can create problems with schooling, employment, and even the law.
A desire to be rewarded for anger: In situations where a child is being alienated, they’re rewarded for exhibiting anger, hostility, and even rage toward the alienated parent. The child might then grow to expect reward for exhibiting this problematic behavior. As a result, your child might develop aggressive behavior and struggle with accepting consequences for poor behavior. Again, if parental alienation goes unchecked, this could be an issue that your child exhibits into adulthood.
Substance abuse and eating disorder risks: Parental alienation causes a child to lose a parent. In turn, the child may grieve that loss. If they’re unequipped to cope with that loss and its resulting trauma, then they might turn to other coping mechanisms, which could include substance abuse or restricted food intake that eventually turns into an eating disorder.
Low self-esteem: Parental alienation can confuse your child. Since they may be manipulated into believing that you don’t care about them, they might think that something is wrong with them. They’ll search out flaws in their own personality, behavior, and appearance, and they might be left feeling like they can never make themselves good enough. This is dangerous, creating low self-esteem that restricts their potential to fulfill the life they deserve.
What can you do about parental alienation?
Although the effects of parental alienation are stressful to think about, you can act to stop them. To be successful, you’ll probably need to file a child custody modification. Persuasive evidence will be necessary to succeed on one of these motions. So, you should do the following in preparation:
Retain all written communications with the other parent and your child.
Talk to those who have witnessed alienating behaviors or your bond with your child.
Gather your child’s medical records.
Consider having your child assessed by a mental health professional.
Think about whether a child custody evaluation would be beneficial.
Talk to experts who may be able to help you educate the court on parental alienation.
If you can do these things, then you could be successful in modifying custody in a way that protects your child. Don’t delay, though, as time is of the essence when it comes to safeguarding your child’s safety and well-being.]]>On Behalf of Law Offices of Dawn S. Veltman, LLC<![CDATA[Revocable trusts vs. irrevocable trusts]]>https://www.veltmanlaw.com/?p=2548452023-11-21T22:24:49Z2023-11-14T21:41:14Zprotection for your loved ones after you are gone.
Living wills can be either revocable or irrevocable. There are advantages and disadvantages to each type, so it's wise to think long and hard about your main objectives when creating your will.
First, let's briefly go over the basics of trusts.
Making a living trust
A trust is a legal construction that divides ownership in property. When you create a trust, you are known as the grantor. As the grantor, you place assets under the control of a trustee and you name the trust's beneficiaries. The trustee manages the assets and transfers them to the beneficiaries according to the terms of your trust.
When creating a living trust, it's common for a grantor to name themselves as beneficiary and their loved ones as successor beneficiaries. This way, the trustee manages the assets and makes regular payments to the grantor during their lifetime After the grantor dies, the trustee continues making payments to the successor beneficiaries.
In this way, the assets in the trust are not counted in the grantor's estate when they die. This means they are not subject to the probate process, which can be slow and expensive.
Revocable trusts
When you make your trust revocable, you retain the right to make changes to the management of the trust during your lifetime. For example, you may decide to increase the payments you receive from the trustee. As the name implies, you can even revoke the trust altogether. Some grantors even name themselves as the trustee. The legal relationship is much more complicated than, say, having a savings account, but it does give you a relatively high degree of control.
There are tradeoffs for choosing this level of control. For one: You have access to the assets in the trust, but that may be true of others as well -- the IRS and your creditors may be able to seize assets in your trust under some circumstances. Another disadvantage is that the trust assets may be counted against you when you apply for benefits from programs such as Medicaid, which have strict financial eligibility requirements.
Irrevocable trusts
Compared to revocable trusts, irrevocable trusts offer much greater asset protection, but that, too, comes at a price. If you have placed the assets in an irrevocable trust, they're generally safe from your creditors and the IRS, but it's also much harder for you to get them.
Another possible disadvantage is that it's more complicated to set up an irrevocable trust than a revocable one.
What's most important to you?
When choosing between an irrevocable or a revocable trust, you must decide which of your goals is most important. If your main priority is asset protection, then you may decide that an irrevocable trust is your best choice, even if it leaves you with less control. However, if you are not ready to give up that degree of control over the assets, you may choose a revocable trust.]]>On Behalf of Law Offices of Dawn S. Veltman, LLC<![CDATA[Dealing with a home in your divorce]]>https://www.veltmanlaw.com/?p=2548442023-08-14T18:57:26Z2023-08-14T18:57:26ZIs your home considered marital property in your divorce?
One of the challenges that you’re bound to face in the property division process revolves around the family home. Before you start thinking about what to do with the residence, you’ll want to first assess whether the home will be considered marital property during your divorce proceedings. To make that determination, you’ll want to consider the following:
When the home was purchased
The purpose for which the home was used
If the home was an income property, how that income was used
How long you’ve lived in the home with your spouse
Contributions and improvements that you’ve made to the home
Although most homes will be deemed marital property, there can be some gray area here. So, make sure you have a clear understanding of how your home will be considered during your divorce.
How to address the family residence in your divorce
If it turns out that the residence in question is a marital asset, then you’ll have to figure out what to do with it. Here are your options:
Fight for the home: A lot of people want to keep the family home once their divorce is finalized. This could be for sentimental reasons, especially if you raised your children in the house, but the desire to retain the home could also stem from the amount of equity built into it. After all, the family home may be the largest asset in your divorce.
But if you want to keep the family home, then you’ll have to be prepared to pay for it, either with cash or by giving up other marital assets. Also, before you go this route, carefully consider whether you can cover existing mortgage payments and upkeep costs on you own. Creating a post-divorce budget can help you here.
Sell the home: Another common option is to pass on keeping the residence. You might be able to use the home as leverage during the divorce process to get other marital assets that you want, or you may be able to talk your spouse into buying you out. If neither you nor your spouse want the home, then you can sell it and divide the proceeds fairly. Just make sure that the amount of compensation that you receive for your portion of the house is justified.
Consider joint ownership: Although it’s not a common option, you can continue to co-own the home with your spouse, even after divorce. This is a way to continue to build equity and wealth, but there’s also the potential for management and communication issues.
Which option is right for you in your divorce?
That really depends on the circumstances and what you want for your future. As you consider your options, carefully think through what you want your post-divorce life to look like and what it’ll take to get there. By having realistic expectations and being honest with yourself about your income and the costs that you’ll face post-divorce, you’ll be more capable to make the right decision.
We know that navigating divorce and property division is difficult, especially given the emotional ramifications of your marriage dissolution. But adequate preparation can help ease the stress. Thus, now is the time to start plotting the course that will lead to the post-divorce life that you want.]]>On Behalf of Law Offices of Dawn S. Veltman, LLC<![CDATA[Practicing self-care during and after your divorce]]>https://www.veltmanlaw.com/?p=2548432023-05-24T14:10:50Z2023-05-24T14:10:50ZWhat is self-care?
Self-care is caring for all aspects of yourself, including your mental and physical health. Without caring for yourself, you are much more prone to get sick and it is much harder to get through a divorce if you are not conscious about taking action to practice self-care.
Self-care boosts self-esteem and strengthens your ability to deal with problems in life. It makes you a better person, parent and professional because caring for yourself allows you to be the best version of yourself.
What are examples of practicing self-care?
Exercising daily
Meditation and conscious breathing
Eating healthy foods
Joining a divorce support group
Surrounding yourself with people who genuinely care about you
Looking for a therapist if you need one
There are many other ways of practicing self-love, including doing things you are passionate about. For example, if you enjoy playing the piano, dedicate fifteen minutes daily to do that, without exception, absent emergencies.
If you enjoy reading and writing but do not have enough time because you are raising children, set your alarm clock earlier and spend half an hour writing down your feelings or anything that makes you feel good.
Self-care and feeling good are not a luxury but a necessary part of life for everyone. It becomes even more critical during a divorce because of the difficulties you are going through.]]>On Behalf of Law Offices of Dawn S. Veltman, LLC<![CDATA[Estate planning: where do I begin?]]>https://www.veltmanlaw.com/?p=2547992023-05-04T15:20:44Z2023-05-03T16:07:08Zbasic steps you can take to start your estate planning. Remember that estate planning involves more than just having a will drafted.
In addition to a will, an estate plan can include a power of attorney, trust or various other estate planning tools. Your estate plan is based on your specific situation, so you may need one, some or all of these tools.
Make lists of your property and debts
Even if you think you have nothing, you probably have more than you think. Make a list of all of the property you own.
This list should include major items, such as a home or vehicles, but it should also include minor items, such as your personal property. Do not focus only on monetary value. Perhaps you have a special picture or item from your youth that you would like someone else to have after you pass away.
Make a list of your debts, as well. Someone will be administering your estate after you pass away, and they will be responsible for paying any of your creditors. Having a list of your debts and the amount of the debt can make their job easier.
Drafting a will
Once you have your lists made, it is time to determine what estate planning documents you need. You will probably need a will.
Identify who you want to receive the items in your will. These people are called your heirs or beneficiaries.
It is important to note that not all of your property is included in a will. Retirement accounts or life insurance accounts are examples of things that allow you to choose a beneficiary.
You may already have a beneficiary designated for these items. Review your beneficiaries regularly and update them, if necessary.
Some of your beneficiaries may have passed away themselves, be people you have lost contact with or simply be people you no longer want to be beneficiaries.
It also helps to appoint backup beneficiaries, in case something happens, and your primary beneficiary information is outdated, and you do not have a chance to change it.
Additional estate planning documents
Decide if you need any other types of estate planning documents besides a will. If you have children, this could mean setting up guardianship documents.
If you are concerned about what would happen to you if you became incapacitated, consider having a living will made. This allows you to choose someone who makes major medical or financial decisions for you if you cannot make them for yourself.
Don’t forget about taxes
Learn about any tax implications of your estate plan. There are many ways an estate plan can be used to avoid or minimize tax consequences. This includes federal taxes or Maryland estate or inheritance taxes.
While these are some basic steps to get you started on your estate planning, it is natural to already feel overwhelmed.
A consultation with an estate planning attorney can help. It is best to talk over your life situation with a professional who can advise you on the estate planning options that work for your situation and help you with setting up your estate plan.]]>On Behalf of Law Offices of Dawn S. Veltman, LLC<![CDATA[What happens if your home seller fails to disclose a defect?]]>https://www.veltmanlaw.com/?p=2548032023-05-04T15:20:48Z2023-04-19T17:25:50ZObligation to disclose
Under Maryland’s real estate laws, a residential property seller must disclose its condition, including all defects, to potential buyers. This covers material defects or improvements that the buyer would not reasonably expect or discover through visual inspection and would pose a risk to their health and safety. This information shall be written in a disclosure statement and given to the buyer.
However, the law only requires sellers to disclose information they actually and personally know of. There are exceptions to this rule such as if the property has never been occupied or the sale is due to foreclosure.
Prior to closing
If the buyer finds out about the concealment or misrepresentation before closing the purchase agreement, they can cancel it due to breach of contract. The buyer can also attempt to request the seller to cover the cost of repairs if they choose to continue with the purchase.
Can you sue the seller?
If the seller intentionally withholds or misreports information on the disclosure statement, the buyer can file a lawsuit for fraud or misrepresentation. The buyer has the burden to prove to the court that the seller personally knows of the defect and that they intentionally concealed the fact.
While it is difficult to prove fraud and misrepresentation, it is not impossible. It is important for the buyer to thoroughly investigate by reviewing records and speaking with people within the property that may know about the issues.]]>On Behalf of Law Offices of Dawn S. Veltman, LLC<![CDATA[What are the two types of divorce in Maryland?]]>https://www.veltmanlaw.com/?p=2547972023-05-04T15:20:52Z2023-04-11T18:14:59ZWhy file for a limited divorce?
You may be wondering why there is a need for a limited divorce when couples can end their marriage through absolute divorce. The grounds for a limited divorce may help you realize why. It deals with the mistreatment and/or abandonment of a wronged or neglected spouse. During the limited divorce, the court can make temporary decisions over the following:
Alimony or spousal support
Child custody
Child support
The use of marital property
Health insurance coverage
Use of the primary residence
Often, a limited divorce is necessary when a fault-based divorce is difficult to prove. Limited divorce is especially beneficial when the two spouses cannot settle their differences in private, and one spouse needs financial relief.
Limited divorce is not for everyone
The state does not require couples to file for limited divorce as a predecessor to an absolute divorce. You can simply pursue the latter, although it takes more time and money to finalize an absolute divorce when parties cannot agree on a settlement agreement. There is a 12-month long waiting period if you and your spouse will pursue a no-fault divorce. Similarly, proving an at-fault divorce can be costly. It is best to know your options so you can figure out how best to approach your divorce.]]>On Behalf of Law Offices of Dawn S. Veltman, LLC<![CDATA[How risky is drowsy driving?]]>https://www.veltmanlaw.com/?p=2547962023-05-04T15:20:55Z2023-03-27T15:44:31Z51% of 552 teenage drivers admitted to at least one drowsy driving incident. A portion of 444,306 young adult drivers aged 18 and older also disclosed that they have less than seven hours of sleep daily.
The 2017 AAA Traffic Safety Culture Index determined that over 40% of a 2,613 sample of drivers usually sleep six or fewer hours on average every week. These alarming figures show that drowsy driving can happen to anyone, regardless of age and occupation.
The time of day and length of time driving also are not significant contributing factors. A quarter of confirmed drowsy drivers have reported nodding off in the afternoon. They also shared that they tend to feel sleepy on short drives, lasting around an hour or less.
Drowsy driving and other dangerous habits
Research also revealed that drowsy driving is widespread in drivers who exhibit other dangerous habits, such as incorrect use of seat belts and improper lane keeping. These problems usually arise from lifestyle factors, such as fatigue caused by sleep deprivation and other daily activities.
Still, authorities and researchers find it challenging to link collisions to drowsiness. Most drivers do not remember or cannot admit to falling asleep while driving before a crash.
From 2016 to 2018, sleepiness while driving caused over 52,000 injuries and 800 deaths annually. However, a more thorough assessment inferred a 6,000 annual fatality estimate based on other factors related to drowsy driving.
The only way to reduce these risks is by acknowledging your body's condition, whether you feel tired or unwell. Refusing to drive when fatigued could save you and others from a car accident.]]>On Behalf of Law Offices of Dawn S. Veltman, LLC<![CDATA[Can an adulterous spouse be denied alimony in Maryland?]]>https://www.veltmanlaw.com/?p=2547712023-05-04T15:20:59Z2023-03-03T20:00:23ZAbsolute divorce and adultery
To answer this question, we first must look at the legal reason behind the divorce.
When a person’s marriage is over, they can file for absolute divorce. An absolute divorce dissolves a marriage for legal purposes. All marital divorce issues are resolved, including alimony. Once an absolute divorce is finalized, the marriage has come to a legal end and both parties are now single.
An absolute divorce must be filed for a legal reason, referred as the grounds for divorce. Perhaps the most common grounds for divorce is mutual consent, that is, a no-fault divorce. However, Maryland does recognize a handful of fault-based grounds for divorce one of which is adultery.
Is there a financial benefit for filing for divorce on the grounds of adultery?
When a spouse is cheated on, it is understandable why they might be loath to pay the adulterous spouse as much as a dime after their divorce. However, the issue of alimony must be resolved.
Alimony is the periodic payments one spouse makes to the other spouse after a divorce. The goal of alimony is to put the spouses on equal financial standing after the divorce and to provide the spouse receiving payments with the financial security necessary to obtain an education or find a job that allows them to eventually support themselves without alimony.
There are several factors a court will considered when determining whether to award alimony, and if so, how much. These factors include, but are not limited to:
Each spouse’s income, financial needs and assets
The ability of the spouse receiving payments to become self-supporting
Each spouse’s age and health
The length of marriage
The reason the marriage ended
So, if adultery was the reason the marriage ended it is possible the court will take this into account when awarding alimony.
But, for a spouse to be denied alimony because of infidelity, the other spouse would need to prove they had an affair. This can be difficult, as the court will not consider hearsay. Records such as text messages between the adulterer and their partner, receipts from hotels they stayed at or photos of them together might support a claim of adultery.
Still, just because a spouse was adulterous does not automatically mean they will be denied alimony. It is just one factor among many considered and note that mere revenge is not a factor. So, while the faithful spouse can file for divorce on grounds of adultery, whether the adulterous spouse will be denied alimony is not a guarantee.]]>On Behalf of Law Offices of Dawn S. Veltman, LLC<![CDATA[What are home warranties?]]>https://www.veltmanlaw.com/?p=2547722023-05-04T15:21:03Z2023-03-01T14:30:41Zhome warranty is an agreement that gives you access to service professionals and technicians who can fix issues at reduced prices. They can also provide evaluation services if you require large-scale replacements or repairs.
If the evaluation indicates that the issue is impossible to repair, they can give you a cash payment relative to the irreparable appliance or item.
This type of agreement typically gives homeowners a layer of protection against unexpected problems. However, it still has exclusions and limitations, depending on the kind of warranty you purchased.
How can I benefit from it?
This kind of agreement benefits new homeowners the most. Naturally, they might feel apprehensive when choosing professionals and technicians to enter and fix their homes. Additionally, these repairs can rack up a huge bill, depending on what needs work.
A home warranty provider already has a shortlist of service providers with the necessary certifications and licensing. You can also ask the provider for these details to confirm the identity of whoever they send to your home. This contract gives you the security of paying for quality service at the best prices.
You can skip the warranty and set aside a budget for repairs. However, getting a home warranty could help lighten the load while adjusting to your new responsibilities as a homeowner.]]>