by Elizabeth BoweryMaintaining Your Business in Good Standing
In Maryland, a Certificate of Status (commonly known as a Certificate of Good Standing) is a document issued by the State Department of Assessments and Taxation (SDAT) which certifies that a business is in compliance with Maryland’s requirements and is in good standing to conduct business in the state.
To be in good standing, a business must meet several requirements, including:
- filing annual reports with SDAT;
- filing the name and address of a resident agent;
- paying penalties owed to the State of Maryland; and
- not being dissolved.
Certificates of good standing are routinely required for commercial financing, licensing, and acquisitions. For example, a Maryland business wishing to obtain a business loan or license would likely need to furnish a Certificate of Status as part of the application process to indicate the business is authorized to transact business in the state.
A business can be deemed not in good standing if it falls out of compliance with any of the requirements. Top compliance issues include failure to file an annual report, non-payment of penalties, and administrative actions taken by state agencies, such as the Maryland Office of the Comptroller. Good standing can be restored by addressing all outstanding compliance issues.
Consider consulting with a business attorney to assist you with maintaining or regaining your business’ good standing status. As business attorneys, we assist business owners at every stage of ownership, offering guidance in selecting the best entity, drafting customized governing documents, and providing ongoing business counsel.
by Lisa WhiteProtecting Your Older or Susceptible Family Members from Financial Exploitation
According to the National Council on Aging, scammers are targeting older adults at increased rates, in an effort to gain trust and steal money. Scams include fake profiles on online dating sites, impersonation of grandchildren, and technical support scams.
Maryland law allows a private right of action to protect older or susceptible adults from financial exploitation. If you are an authorized representative of an older or susceptible adult, you may also bring a lawsuit on their behalf to recover any property, income, resources, or trust funds that were taken or used illegally. This law is known as the SAFE Act. Older adults are defined as over the age of 68, while susceptible adults are those persons who cannot operate one or more of their daily living activities, or have diminished executive functioning due to a variety of factors as defined by the statute.
If you are a victim of financial exploitation or an authorized representative of a victim and have questions, Lewicky, O’Connor, Hunt & Meiser stands ready to provide legal support to you. None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. Please do not rely on the contents of this article as a basis for making decisions regarding your particular situation. Please call us to schedule a consultation at (410) 489-1996.
by Samantha ChanMaryland Codifies Child Custody Considerations
Maryland’s family law just got a significant update. With the passage of House Bill 1191, which goes into effect on October 1, 2025, child custody decisions in Maryland courts will follow a clearly defined set of statutory factors, with hopes of bringing transparency and consistency to a process that has historically relied on case law and judicial discretion.
What Changed?
For the first time, Maryland has codified a comprehensive list of factors that courts may consider when determining legal and physical custody in the best interest of a child. These factors appear in the new Subtitle 2 – Legal and Physical Custody – Judicial Determinations section of the Family Law Article.
Among the 16 listed considerations, here are some of the most impactful:
- “Stability and the foreseeable health and welfare of the child”
- “The child’s physical and emotional security and protection from exposure to conflict and violence”
- “The developmental needs of the child, including physical safety, emotional security, and cognitive growth”
- “How to place the child’s needs above the parents’ needs and maintain important relationships”
- “Each parent’s role and how it may have changed”
- “The child’s preference, if age-appropriate”
Modification Standards Also Clarified
Under the revised §9–202, courts may modify custody orders if there has been a material change in circumstances affecting the child’s needs. Notably, a parent’s proposal to relocate—if it makes the current custody order unworkable—automatically qualifies as a material change.
Why It Matters
This statute brings long-overdue clarity to Maryland’s custody determinations. By outlining specific factors, HB 1191 empowers courts to make more consistent, child-centered decisions and provides parents with greater predictability in custody proceedings.
If you’re involved in a custody matter or considering a modification, the experienced family law attorneys at Lewicky, O’Connor, Hunt & Meiser are here to guide you through every step of the process.
by Verena MeiserThe Importance of Keeping Beneficiary Designations Up to Date
When planning for the future, many people focus on creating wills, establishing trusts, and saving for retirement. However, one crucial aspect of financial and estate planning that often gets overlooked is keeping beneficiary designations current. Beneficiary designations determine who will receive assets such as life insurance proceeds, retirement accounts, and other financial accounts upon your death—and they override instructions laid out in a will. Failing to update these designations can result in unintended consequences, financial complications, and legal disputes.
What Are Beneficiary Designations?
Beneficiary designations are legal instructions you provide to financial institutions, specifying who should receive certain assets when you pass away. These designations are commonly associated with:
• Life insurance policies
• Retirement accounts (401(k), IRA, etc.)
• Pension plans
• Bank and brokerage accounts with transfer-on-death (TOD) or payable-on-death (POD) provisions
• Vehicles
These accounts bypass the probate process and are distributed directly to the named beneficiaries. That makes it especially important to ensure these designations reflect your current wishes.
1. Life Events Requiring Updates to Beneficiary Designations
Significant life events such as marriage, divorce, the birth or adoption of children, or the death of a loved one can dramatically alter your estate planning goals. If your beneficiary designations remain unchanged after these events, your assets could end up in the hands of someone you no longer intend to benefit—such as an ex-spouse—or exclude someone important.
2. Beneficiary Designations Override Wills
Many people assume that their will is the ultimate legal document when it comes to asset distribution. However, beneficiary designations typically take precedence over the terms of a will. That means even if your will specifies that a certain asset should go to one person, if the account’s beneficiary form names someone else, the financial institution is legally required to honor the beneficiary form.
3. Avoiding Family Disputes
Outdated or unclear beneficiary designations can lead to confusion, hurt feelings, and even legal battles among surviving family members. By keeping your designations updated and consistent with the rest of your estate plan, you reduce the likelihood of conflict and ensure your wishes are honored.
4. Tax Implications
Some beneficiary choices can have tax consequences. For instance, naming a non-spouse beneficiary on a retirement account can result in immediate tax obligations, depending on the rules at the time of transfer. Working with a financial advisor, accountant or estate planning attorney to ensure that your designations align with the most tax-efficient strategies is wise.
5. Unintended Disinheritance
Failing to name a contingent (backup) beneficiary or neglecting to update beneficiaries after someone’s death can cause those assets to revert to your estate, possibly subjecting them to probate and delaying distribution. Worse, it might mean that someone you intended to provide for—like a new child or a second spouse—receives nothing.
Best Practices for Managing Beneficiary Designations
• Review regularly: Revisit your beneficiary designations annually or after any major life event.
• Name both primary and contingent beneficiaries: This provides a backup plan if your primary beneficiary passes away before you.
• Coordinate with your estate plan: Ensure your designations are aligned with your will and overall estate strategy.
• Consult professionals: Work with a financial advisor, estate planner, or attorney to make informed decisions and avoid pitfalls.
Conclusion
Beneficiary designations are a simple yet powerful tool in your estate planning arsenal. Keeping them up to date ensures that your assets are distributed according to your current intentions, minimizes legal complications, and provides clarity and security for your loved ones during an already difficult time. A few minutes spent reviewing and updating these forms today can prevent years of hardship for your heirs in the future.
by Anthony KratzIs It Time to Update Your Estate Plan?
Life is constantly changing—and as your life evolves, your estate plan should keep up.
Whether you’re newly married, recently divorced, welcoming a new child, beginning retirement or grieving the loss of a loved one, major life events can have a significant impact on your estate planning needs. These milestones often shift your priorities and relationships, which is why it is important to make sure your estate documents reflect your current wishes and circumstances.
Beyond family changes, financial and geographical shifts also play a big role. Have you moved to a new state? Has your income or overall wealth changed substantially? These types of changes may affect the validity or effectiveness of your current plan. For instance, moving to a new state might mean adding a statutory power of attorney or updating your other documents. A substantial change in your wealth may mean adding advanced provisions to your plan — like those related to generation-skipping transfer taxes.
Even if your situation seems unchanged, it’s wise to review your estate plan about every five years. Laws change, tax rules shift, and your personal goals might evolve. A quick check-in with your estate planning attorney can give you peace of mind and help ensure your current documents continue to serve you and your loved ones as intended.
Key Documents to Review
When reviewing your estate plan, consider looking at the following:
- Last Will and Testament – Does it still reflect your current wishes for asset distribution?
- Revocable Living Trust – Are your trustees, beneficiaries, and instructions up to date?
- Durable Power of Attorney – Are your chosen agent and successor agents still the best people for the job?
- Advanced Healthcare Directive (or Living Will) – Do your documents reflect your current medical wishes and designate the right decision-makers?
- Beneficiary Designations – Have you reviewed retirement accounts, life insurance policies, and payable-on-death (POD) accounts?
Take the Next Step
If it’s been a while since you last updated your estate plan—or if you’ve recently experienced a major life event—now is the perfect time to review your documents. Consult with a qualified estate planning attorney to ensure your plan continues to meet your needs.
by Eleanor HuntMy Spouse Just Asked for a Divorce. What Do I Do Now?
If your spouse approaches you and says that they want a divorce (or says that they have actually filed for divorce), you may be caught off guard. As you process the situation, there are several key issues to consider.
Marriage Counseling
You may explore marriage counseling. If you feel that your marriage is not beyond repair, it may be prudent to initiate a conversation about engaging in marriage counseling together. If your spouse is unwilling to commit to marriage counseling, then you might want to seek an individual therapist to provide you with a safe space to process your feelings.
Property Distribution
If marriage counseling is not an option or is unsuccessful, then it is important to begin preparing for divorce. One of the most consequential aspects of divorce is the distribution of property. In Maryland, spouses may reach their own agreement on how their property will be divided; however, if they are unable to do so, the court will decide. First, the court will classify property as either “non-marital property,” “marital property,” or “hybrid property.” Non-marital property is typically owned by one spouse; examples include property acquired prior to marriage, acquired from a third party by gift or inheritance, or traceable to any of those sources. Md. Code Ann., Family Law § 8-201(e)(3). A party may generally keep their non-marital property, and it is not subject to division.
Marital property is property acquired by one or both parties during the marriage. Md. Code Ann., Family Law § 8-201(e)(1). Marital property may include the marital home, home furnishings, bank accounts, investment accounts, retirement assets, and automobiles. All marital property is subject to division, so the court will determine its value and make an equitable distribution of it. Hybrid property refers to property that is part non-marital and part marital, and it may also be subject to division.
While this is not an exhaustive explanation of the court’s authority and process in divorce proceedings, it sets the stage for the importance of obtaining your marital and non-marital property records. As a starting point, you can create a detailed list of your and your spouse’s assets and liabilities, including those held individually, jointly, with third parties, etc. Next, gather supporting financial documentation for the past several years, such as financial statements, tax returns, and income records.
Child Custody
If you and your spouse have minor children, start brainstorming ideas about where you plan to live post-divorce and what you feel may be the best custodial arrangement for the children.
The process of preparing for divorce can be quite overwhelming, especially if you are unfamiliar with Maryland law pertaining to divorce and custody matters. To ensure you are best equipped for your divorce, you may want to consider consulting with a divorce lawyer.
