Tim Barkley Law Office

Before you head to the beach or further afield this summer: taking an hour to gather and review – and update – your will, powers of attorney, medical directives, beneficiary designations and other important documents can make life easier for those you might leave behind, and will let you vacate with an easier mind.

FLY AWAY Before you board the plane, make sure you’re not leaving legal chaos behind...

How the use of new domestic partnership laws can help with eliminating inheritance tax - and if you cannot enter into a domestic partnership, how a medical directive can help with end-of-life decision making.

YOUR QUESTIONS ON DOMESTIC PARTNERSHIP. PART 2 More on the legal intricacies of domestic partnerships...

New laws mean that your partner can be seen as your spouse, even if you have not married - which can bring problems if you don't have your estate documents in good order.

YOUR QUESTIONS ON DOMESTIC PARTNERSHIP. PART 1 Some advice on how to best navigate new laws on domestic partnerships...

You've done the hard work - creating a power of attorney and/or a will - now how best to make sure someone knows those documents exist, and where to find them when the time comes?

WHO TO TELL? One day, someone will need to know you signed those documents...

Thinking that you need a trust to avoid paying taxes? In fact, a trust might actually increase the taxes due if your estate plan is not correctly set up. Which brings us to the second question...

YOUR QUESTIONS ANSWERED - JANUARY '24 Do I need a trust? Do I need a lawyer?

We’ve all heard about those letters that notify you that someone you’ve never met has died and you’re going to receive money – the ones that start “please accept our condolences on the death of this person you don’t know.” We’re trying to avoid those letters accompanying the distribution of your estate.

INTESTACY What happens if everyone named in my will is deceased?

Next year will mark twenty-nine years of this writer's business in our town, and long ago I discovered what so many others already knew and have learned since - that this is a great place to live, do business, and raise a family.

THANK YOU! Next year will mark twenty-nine years of business in our town...

We could create a trust with a single sentence, but those can be pretty vague, so we start “filling in the blanks” - and it’s working through these kind of issues that can make a trust so long. Honestly, less isn’t more – more is more. Let’s talk.

SOME QUESTIONS ON TRUSTS - PART TWO Honestly, less isn’t more – more is more...

When it comes to questions on Trusts, answers will always vary depending on your particular set of circumstances. But you can always be sure of one thing - when used correctly, they can be a huge benefit to everyone involved.

SOME QUESTIONS ON TRUSTS - PART ONE The trust you need depends on the needs you have...

Answers to two pressing questions on the subject of medical directives this month. You don't have to have one, but it often really helps if you do, and you've put it in the right place ahead of time.

MEDICAL DIRECTIVES: YOUR QUESTIONS ANSWERED The MOLST (the Maryland Medical Order for Life-Sustaining Treatment)...

A question I am regularly asked: "I’m worried about getting dementia. Do I need to protect myself from my future self?"; and a question that is asked a lot at this time of year: "My child is 18 and leaving for college. Is there anything I need to do?" The answers are yes and yes - with details explained!

YOUR QUESTIONS ANSWERED The worry of dementia; 18-year-old leaving for college.

Questions from someone who has recently lost a loved one will often include the words "what's next?" Knowing the basics, and following plans, can help make a difficult situation slightly easier.

Bereavement: Your Questions Answered Advice for someone recently bereaved...

A couple of family related questions this month: how to help add an adult child as your executor, and how best to involve a spouse when creating a new business LLC.

YOUR QUESTIONS ANSWERED Answers to more important questions...

In Maryland, estate planning powers of attorney are long. They have to be! That’s because your power of attorney only gives your “agent” – the person acting for you – the powers you have specifically listed. The power of attorney that simply states that “my agent may do anything I could do” doesn’t work. Put differently, if you don’t specifically enumerate, you don’t effectively delegate.
A power of attorney is a powerful protection if drafted and used correctly. Don’t be caught powerless!

THE POWER OF ATTORNEY GURU. PART 3 Don’t be caught powerless!

A power of attorney isn’t about giving up control; it’s about deciding who will be in control when we can’t. It’s hard for some folks to imagine a world that they don’t control, but sometimes it’s out there waiting. We need to take action now so that doesn’t catch us unawares.

THE POWER OF ATTORNEY GURU. PART 2 A power of attorney isn’t about giving up control...

I'm often asked "Do I really need a power of attorney?" The answer is very often yes, and for a variety of reasons.

THE POWER OF ATTORNEY GURU. PART 1 I'm often asked "Do I really need a power of attorney?"

It's never too late to review your own estate plan, and always a good time to speak to your parents or adult children. Have they created and updated their plan? Encourage them to take this important step.

NEW YEAR’S PLANNING The change of seasons reminds us of changes in our lives...

Because we are time-bound mortals, the change of seasons reminds us of changes in our lives and of their fragility. With the opening of each year comes a new opportunity to consider your estate plan and make sure it is up-to-date – or to make one if you don’t have on already!

NEW YEAR’S PLANNING The change of seasons reminds us of changes in our lives...

Answers to two VFAQs this month (that's two VERY frequently asked questions): on the topics of “Personal Representatives” and “Life Estate Deeds.”

MORE QUESTIONS ANSWERED Answers to two important questions...

"I only want to give power of attorney to someone if I'm incompetent." This is one of the things I hear in most of the meetings I have with clients to discuss creating their estate plans. While I have written about why it is very hard to make an effective power of attorney that is only in effect after you are incompetent, (and you can reread that by searching "incompetent" in the knowledgebase on my website) I wanted to share a little bit about what it looks like when that effective power of attorney doesn't get signed... and then something happens. Hint: it makes life for your loved ones really hard.

AVOIDING ENTANGLEMENTS Properly-drafted power of attorney... so simple, but so often overlooked...

“If your power of attorney doesn’t work unless you’re incompetent, then the bank won’t let (your kids) write checks (to take care of you) until they prove to the satisfaction of the bank’s attorneys that you are incompetent. That’s harder than you think."

TO SPRING OR NOT TO SPRING Setting up power of attorney documents to best suit you and your situation...

When you find out that you're pregnant there are thousands of "what to expect" books that you can read to prepare you for what is about to happen. Your whole world changes. When you find out that a family member needs to move to a nursing home, your whole world changes in an entirely different way. In this article, I discuss some of the basic information needed to understand the Medicaid system, with more information available in the Knowledgebase on my website.

MOM JUST WENT INTO A NURSING HOME Medicaid is the welfare program that pays for long-term nursing home care...

"I just need a simple will, how hard could it be?" In the age of DIY and crowdsourcing, it might be relatively simple to find online instructions for an operation on a pet – but what layperson would really poise a kitchen knife over Fido with confidence? A miswritten will might be just as disastrous as a misdirected knife, and the DIY will drafter, by definition, will not even be around to find out that a mistake was made. Wills can be created at no charge, but at a high cost to those left behind.

WHY DO I NEED A LAWYER? Lawyers don't provide wills, anymore than doctors sell pills...

Often, new clients reach out to us to say that they need to create a will. While wills are extremely important, they can be thought of as being only one half of a circle, the second half that matters after you pass away. The first half of the circle, that matters while you are alive, is having a well-crafted Power of Attorney and a Medical Directive. These documents, coupled with careful planning and communication, can help to make your later years easier on you and your loved ones and can help give you peace of mind in knowing that the people that you trust will be able to care for you.

DIRECT BENEFIT Medical directives discussed...

Clients often tell me "I don't want anything fancy, just a will that leaves everything to my family and a power of attorney that will let my spouse or my kids help me with things when I get older" and then we get to the review of their documents and they ask "Tim, why are these documents so long?! Why can't they just be a couple paragraphs?" Well, in some cases "less is more" but when it comes to your estate planning, that isn't often the case. More often "less is more of a headache for your family down the line" and "more is peace of mind for your loved ones". Read more about how you can protect yourself and your family through estate planning in our Knowledgebase on our website!

I OBJECT! THE ART OF DRAWING UP ESTATE DOCUMENTS With powers of attorney and trusts, “more is more, better, and safer.”

It’s a New Year!
Does the Will you had made 20 years ago still reflect your reality?
Do your Powers of Attorney still empower the right people?
Do you still trust your trustees?
Do you still need that trust for your little children (who are now in their thirties)? Or do you now need a trust for a child who is an "adult" but still needs guidance or will need long-term help handling life after you're gone?
If these questions leave you re-evaluating what your New Year's Resolutions should have been, then it’s time to “Talk to Tim!”
Call us at 301-829-3778 or visit our website for more information.
See you soon!

Barkley Law, Attorney Tim Barkley - Home Barkley Law Office provides experienced legal services tailored to meet your needs. Located in Mt. Airy for more than 25 years. Talk To Tim!

It’s my work birthday! (Workday?) 30 years ago today, I was sworn in before the Maryland Court of Appeals. I was an attorney licensed to practice law! It has been a busy three decades, encompassing the founding and growth of a solo law practice in the Town of Mount Airy serving innumerable delightful clients, the birth of five children now arrived at fine adulthood, and the continued joy of a marriage founded on mutual love and trust. Here’s to another three decades!

From the final issue of the Mt Airy Messenger. To editor Becky Ricketts it’s been an honor. Thank you. Enjoy your retirement. And may the road rise up to meet you. May the wind be always at your back. May the sun shine warm upon your face; the rains fall soft upon your fields and until we meet again, may God hold you in the palm of His hand.

THE LAST WORD good legal advice can help sort out fact from fiction.

"Our folks both died earlier this year, and we’re trying to sort things out. Do we have to do ‘probate’? What is ‘probate,’ anyway?”

Answers given, from this week's Mt Airy Messenger!

PROBATE AVOIDED Wills don’t avoid probate; wills control probate...

I shared my article with you all a year ago, but I feel that it is still relevant today. We often think of "estate planning" as being the writing of a will and maybe a trust, but estate planning is so much more than just that. Make sure that your children or loved ones know what you want when the time comes for them to make difficult medical decisions for you when you are no longer able to make them for yourself.

LET ME GO! Life support - how to find the right balance.