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Special Needs Trusts – What are they and how do they work?   When curating the perfect estate plan, every beneficiary’s ...
01/05/2026

Special Needs Trusts – What are they and how do they work?
When curating the perfect estate plan, every beneficiary’s personal situation must be accounted for. This is especially important when taking account for children who may have special needs, as these individuals likely have very fragile government benefits. These benefits can take account for a multitude of factors involving the person’s assets, otherwise known as “means tested benefits”, that must be properly noted to ensure that one’s planning does not end up supplanting those benefits that are so crucial to that potential beneficiary’s day to day life. The opportune tool to use when planning for such a beneficiary is what is known as a Special Needs Trust (SNT) (also known as a Supplemental Needs Trust).
A Special Needs Trust (SNT) is a valuable tool that takes a few different forms, but overall allows for a disabled individual to maintain benefits provided by a government or private entity while also able to gain income or inheritance that can later be used to their advantage.
If the individual is provided means tested benefits but also receiving income or other some of money prior (a personal injury settlement, prior inheritance, etc.) in their direct name, a “First Party” SNT (also known as a (d)(4)(A) trust due to the applicable statute) allows for that sum of money to be placed in trust for their benefit; however, with this form of trust comes a few caveats. The beneficiary of such a trust must be 65 or younger at the inception of the trust, it is wholly irrevocable and the state would be the at-death beneficiary of whatever is required for reimbursement for Medicaid payments during their life.
The alternative, when planning to establish a proper SNT for a disabled individual without money that has directly come into their name would be called a “Third Party” SNT. This type of trust is one funded by someone other than the intended disabled beneficiary. Often created by a parent or loved one, this type of trust is created for the preemptive intention to keep any asset out of the individual’s name by providing a haven for it to go.
With either trust, the key to its efficacy is its usage. Each sort of situation is subjective as to the individual involved as to how to work with the benefits received, but the general rule lies in the name – this trust is used to “supplement” their benefits. Most often, benefits are there to provide “support” to the individual, commonly food and shelter being the mainstays. With that, this type of trust can retain assets to be used for non-support items and expenses (i.e., travel expenses, certain amenities such as WiFi or cable, entertainment related expenditures,etc.).
It is important to discuss the specifics of a situation surrounding such planning with an experienced attorney to figure out what type of trust is necessary for the planned for individual.
Schedule an appointment with the experienced estate planning attorneys at Sinclair Prosser
Gasior by calling (410) 415-9900 to help preserve a proper future for your loved one!

If Estate Administration Had a SoundtrackBecause nothing says “probate” like a dramatic power balladEstate administratio...
12/23/2025

If Estate Administration Had a Soundtrack
Because nothing says “probate” like a dramatic power ballad

Estate administration is a rollercoaster of emotions, paperwork, and family group chats you wish you could mute. It’s chaos, spreadsheets, surprise debts, and Cousin Linda’s “opinions.” So what better way to process it all than with a soundtrack? Pop in your earbuds, grab the will (if you can find it), and press play.

Track 1: “Welcome to the Jungle” – Guns N’ Roses
You just found out you were named as the personal representative. The will is locked in a safe no one knows the code to. The bank wants “Letters of Administration.” And someone’s dog just inherited a trust.
The first step is to find the estate planning documents and see who is named as the personal representative and/or trustee. The estate planning documents will be the road map you will need to follow.

Track 2: “Help!” – The Beatles
You open the first probate form and it’s written in Legalese. You Google “What is Probate?” and “Can I get disbarred even though I’m not a lawyer?”
Probate is the court-supervised process of settling someone’s estate—paying debts, distributing assets, and following the will (or state law if there isn’t one).
Oftentimes people set up trusts which have their own terms and laws that must be followed as well. It is not uncommon to be dealing with both a probate estate and a trust estate.

Track 3: “Money, Money, Money” – ABBA
You’re knee-deep in bank statements, retirement accounts, and a coin collection that may or may not be valuable.
Your job: identify and value all assets, open an estate/trust bank account, and keep records. You’ll learn about step-up in basis, estate tax thresholds, and why receipts are your new best friend.

Track 4: “Bad Blood” – Taylor Swift
The family meeting starts with polite smiles and ends with someone yelling about who gets Grandma’s china.
As the fiduciary of the estate, you must follow the terms of the estate planning documents—not family politics. If there’s no will, state law decides.

Track 5: “9 to 5” – Dolly Parton
You thought this would be a side gig. Now you’re coordinating with lawyers, filing tax returns, and explaining probate court to your boss.
Personal representatives and Trustees have fiduciary duties—meaning you must act in the estate’s best interest, meet deadlines, and avoid conflicts of interest. It’s a lot more work than people often credit.

Estate administration isn’t just a legal process—it’s a full-blown emotional mixtape. With a little humor, a lot of patience, and maybe an estate administration attorney on speed dial, you’ll make it through. And when the estate finally closes? That’s your cue to play “I Will Survive” on repeat.

Beth Burgee with Sinclair Passer Gasior

A How-to Guide to Talking to Your Family About Estate Planning   For many families, talking about wills, trusts, and end...
12/19/2025

A How-to Guide to Talking to Your Family About Estate Planning

For many families, talking about wills, trusts, and end-of-life decisions can feel uncomfortable or even taboo. However, open, honest conversations about estate planning are essential—not only for legal clarity but also for family harmony.
If you’ve been avoiding the conversation or aren’t sure where to start, here are some tips to help guide a productive and compassionate discussion with your family.
Too often, families are scrambling near the end or only discover the details of an estate plan after a loved one has passed. Without prior discussion, misunderstandings and conflict can arise. Talking through your plans with your family while you're able to explain your decisions helps:
Minimize confusion or misinterpretation
Prevent potential disputes or legal challenges
Ensure your loved ones are emotionally and practically prepared
Provide peace of mind for everyone involved
There is no “perfect” time, but generally the sooner the better. Consider bringing up estate planning during a calm, private moment—such as after a family gathering, holiday, or milestone event. Don’t wait for a health scare or crisis to initiate the conversation.
Here are a few ways to ease into having a conversation about estate planning:
Share your own planning: “We’ve been working on our estate plan, and I’d like to talk with you about what that means.”
Reference a recent event: “When [relative] passed away, it reminded me how important it is to have things in order. I want to make sure we’re prepared.”
Frame it as a gift: “I want to make things easier for you in the future, and that’s why I’m planning ahead.”
Depending on your family dynamics and planning needs, you might want to discuss:
The basics of your will or trust
Who will serve as executor, trustee, or power of attorney
Plans for guardianship of minor children (if applicable)
Healthcare directives and end-of-life wishes
How assets will be distributed
Any charitable giving or legacy goals
You don’t need to disclose exact dollar amounts if you’re not comfortable; instead, focus on the structure and rationale behind your decisions.
Be clear and calm. Avoid legal jargon and explain things in plain language (believe it or not, attorneys try this too).
Encourage questions. Your family may need time to process or want clarification.
Acknowledge emotions. These topics can stir up feelings—give space for them.
Involve your attorney. If needed, your estate planning lawyer can help mediate or clarify legal roles and responsibilities.
Estate planning isn’t just a legal process—it’s a deeply personal one. At Sinclair Prosser Gasior, we are here to help you navigate every step, including how to talk with your family in a way that promotes trust and understanding.
If you’re ready to create or update your estate plan, or need guidance on how to communicate it effectively, contact us today for a confidential consultation. For more information, please join us for an upcoming FREE seminar. If you have questions or concerns about your estate plan, contact the experienced estate planning attorneys at Sinclair Prosser Gasior by calling (410) 573-4818 to schedule an appointment. Sinclair Prosser Gasior Annapolis Headquarters office is now located at 183 Harry S. Truman Pkwy, Suite 104.

This Holiday Give Your Loved Ones the Gift of Peace of MindAs we reach the end of the year, I find myself struggling wit...
12/12/2025

This Holiday Give Your Loved Ones the Gift of Peace of Mind

As we reach the end of the year, I find myself struggling with the age-old question, What am I going to get my parents for the holidays this year? Each year, this question becomes increasingly challenging. I know that as my parents have gotten older, they have gotten less interested in tangible things. At this point, they enjoy spending time with family more than they do any tangible personal gift. If that sounds like your parents or another loved one, then
maybe an estate plan is the best gift you could give this holiday season.
First, an estate plan is like a good wallet. It is convenient to have one; everyone needs one, but it can be challenging to justify the expense of one. By taking the financial aspect out of estate planning, you remove a large hump that prevents many people from procrastinating on getting their affairs in order.
Second, an estate plan helps minimize family conflicts after parents have passed. That said, I'm sure my mom finds comfort in knowing that she has an estate plan in place, which outlines her wishes and will be easy for my sister and me to respect without conflict.
Third, by creating an estate plan, you can help your parents leave a legacy for both their loved ones and the causes they care about. An estate plan can help them support not just their loved ones but also the charities, foundations, and other causes they care about after he passes.
Finally, the best gift you can give over the holidays is the assurance that loved ones will be taken care of. An estate plan can help establish trusts to protect family members with special needs from losing their benefits after inheriting large sums of money. It can also name guardians for minors and provide financial support for years to come through well-invested and managed trusts. It can hold on to funds until people are mature enough to handle them. It
can even help protect inheritance from creditors. A carefully drafted and invested estate plan can act as a guardian angel even after someone has passed.
If you do decide to give your parents, or another loved one, an estate plan, it is important to remember that it does not entitle you to make decisions on their behalf, but it by no means takes away from the gift you are leaving them. The gift allows them to settle their affairs in a way that brings them joy and peace, not just during the holidays.
If you are interested in gifting and estate planning for a loved one, contact Sinclair Prosser Gasior to set up a consultation.
Click Here for more information. www.spgasior.com/blog

12/10/2025

Santa Claus is coming to town! BUT, before that, Charlie Stinchcomb is bringing his very special Time Machine Christmas Show to WNAV on Saturday, Dec. 20th. (Charlie says you can listen, whether you've been naughty or nice).
WNAV 1430AM and on line at wnav.com. Stay tuned for the exact hours of this great show.

Understanding the Maryland Medicaid Application: Planned or Urgent We Can HelpIf you or a loved one is considering apply...
12/05/2025

Understanding the Maryland Medicaid Application:
Planned or Urgent We Can Help

If you or a loved one is considering applying for Medicaid in Maryland, it's important to understand the eligibility criteria, documentation requirements, and common pitfalls that can delay or derail the process. Medicaid can provide essential long-term care coverage, but navigating the application process requires careful planning and attention to detail—especially when dealing with complex financial and legal issues.
Whether you're planning well in advance or facing a nursing home crisis, legal guidance can make the difference between approval and denial—and help preserve your family's financial security. As an elder law and estate planning firm, we often guide clients through Maryland’s Medicaid application process. Here’s a helpful overview of what to expect and how to prepare.
What is Medicaid?
Medicaid is a joint federal and state program that provides health coverage to eligible low-income individuals, including seniors who require long-term care services in a nursing home or at home.
There are different Medicaid programs based on your needs, but most seniors seek coverage under Long-Term Services and Supports (LTSS), which includes nursing facility care and Home and Community-Based Services (HCBS) waivers.

To qualify for Medicaid for long-term care in Maryland, applicants must meet stringent criteria, which currently includes the following:
1. Medical Necessity:
Must require a nursing facility level of care, as determined by a health assessment conducted by the state.
2. Income Limits:
The applicant’s income may not exceed the cost of care.
3. Asset Limits:
An individual may have no more than $2,500 in countable assets.
4. 5-year Look back:
The asset limit must meet IRS transfer guidelines over the previous 60 months or penalties may be applied.

What are “Countable Assets?”
Countable assets include:
Bank accounts
Retirement accounts
Stocks and bonds
Real estate other than a primary residence
Non-countable assets may include:
Primary residence
One vehicle
Personal belongings and household items
Prepaid funeral and burial plans
Applying for Medicaid in Maryland involves a thorough review of your financial history. Be prepared to provide:
Identification (photo ID, Social Security card)
Proof of residency
Proof of income (pay stubs, pension statements, Social Security award letters)
Bank statements (typically the past 60 months for long-term care)
Deeds, mortgage info, and tax assessments for real estate
Vehicle titles
Insurance policies (including life and burial policies)
Financial records for all investments and retirement accounts
Documentation of asset transfers or gifts within the last 5 years

Common Mistakes to Avoid
Gifting assets to family members without understanding the penalty implications.
Failing to disclose assets or income, intentionally or unintentionally.
Applying too late, especially when in crisis, risking months of uncovered care costs.
Not using legal strategies such as asset protection planning or establishing a Qualified Income Trust.

Why You Should Work with an Attorney
Applying for Medicaid in Maryland is not just filling out a form—it’s a legal and financial process that requires precision and foresight. Sinclair Prosser Gasior can help you prepare and review documentation, develop asset protection strategies, navigate the look-back period, avoid penalties and delays, and ensure compliance with complex Medicaid rules.
If you have questions or concerns about qualifying or applying for Medicaid coverage, contact the experienced estate planning attorneys at Sinclair Prosser Gasior by calling (410) 573-4818 to schedule an appointment. Sinclair Prosser Gasior Annapolis Headquarters office is now located at 183 Harry S. Truman Pkwy, Suite 104.
https://spgasior.com/blog/

Wills Gone Wild; Strange and Funny Bequests from HistoryYour estate plan is a great place to show your personality and w...
11/27/2025

Wills Gone Wild; Strange and Funny Bequests from History
Your estate plan is a great place to show your personality and what’s important to you. While
estate planning is considered serious and necessary, you can still have fun with it, other
people sure have.
People have bequeathed their entire wardrobe, a collection of spoons, or even a lifetime
supply of chocolate. Someone else might leave a fortune to their beloved cat or dog while
including detailed instructions for care and luxury items. Yes, fido must wear his blue puffer
jacket if the weather drops below 50 degrees and sleep only on 600 thread count.
Other estate plans might include bizarre instructions that require eccentric tasks, like planting
a tree every year or throwing an annual party in your honor. The idea of specific bequests has
been around for a long time. Take for example Harry Houdini, who allocated funds to maintain
a series of hidden escape challenges in his home for future magicians or Benjamin Franklin
who left money to establish a fund for purchasing books for the public library with very specific
instruction on how they should be organized.
Whatever your wishes are, it is important to make them as clear as possible for your loved
ones. You want your wishes to be specific, unambiguous, and legally enforceable so that your
heirs and executors can carry them out exactly as you want. Include details like serial
numbers, locations, or descriptions for valuable items. Avoid vague language like “my
favorite” or “some of my money.” Legal terms and precise amounts help prevent
misunderstandings.
In addition to being clear and precise on your wishes you want to ensure that you are naming
executors who will be able to handle your quirky, complex, or highly specific instructions. You
will need to appoint someone who is capable, trustworthy, and willing to carry them out.
To discuss adding your specific bequests to your estate plan set up an appointment with the
attorneys at Sinclair Prosser Gasior.
Click Here for more information on your estate planning.....

Your estate plan is a great place to show your personality and what’s important to you. While estate planning is considered serious and necessary, you can

The Maryland Transportation Authority (MDTA) is partnering with Anne Arundel and Queen Anne’s counties to accommodate th...
11/04/2025

The Maryland Transportation Authority (MDTA) is partnering with Anne Arundel and Queen Anne’s counties to accommodate the Bay Bridge Run on Sunday, November 9. The run will be held on the eastbound span of the bridge.

As a result, the eastbound Bay Bridge will be closed to traffic Sunday, November 9, from approximately 12:01 a.m. to 2 p.m., weather permitting. The MDTA will have two-way traffic operations in place on the westbound span. One lane of traffic will operate in each direction on the westbound span, with the center lane closed to traffic. The center lane may open to traffic intermittently to help reduce westbound delays.

For information on the event, go to thebaybridgerun.com.

Along with the eastbound span closure, the following closures and detours will be in place on the Eastern Shore during the event:

The off-ramp from eastbound US 50 to MD 8 will be closed. A detour will be in place to direct motorists to the next exit at Thompson Creek Road. From there, motorists will travel westbound on MD 835 to the signal at MD 8.

The on-ramp from MD 8 to westbound US 50 will be closed. Traffic attempting to access westbound US 50 will be directed to MD 18 to the roundabout at Castle Marina Road and onto westbound US 50. Additionally, residents wishing to travel west on US 50 should approach the highway from either Duke Street or Castle Marina Road.

Motorists using the Bay Bridge on November 9 should expect significant delays throughout the day. To avoid delays, motorists are urged to travel prior to 6 a.m. or after 6 p.m.

For 24/7 Bay Bridge traffic information call 1-877-BAYSPAN (1-877-229-7726) or visit baybridge.com to see US 50 corridor traffic cameras on and approaching the Bay Bridge. For real-time updates on major incidents follow us on X at x.com/TheMDTA

The MDTA thanks its customers for their patience and cooperation.

Tips on using the MDTA's 8 toll facilities - 2 turnpikes, 2 tunnels and 4 bridges - to keep traffic moving safely! Account monitored M - F 8am - 4pm

What Can We All Learn From Hulk Hogan’s EstateTerry Gene Bollea, better known as WWE Superstar Hulk Hogan, passed away o...
10/24/2025

What Can We All Learn From Hulk Hogan’s Estate

Terry Gene Bollea, better known as WWE Superstar Hulk Hogan, passed away on July 24, 2025, at the age of 71. Though he could have consulted experts in the field of estate planning, it seems Hulk Hogan faced several Estate planning challenges that many average people face.
First, Hogan's Estate is being handled through a public proceeding known as probate. While an estate is going through probate, the deceased's assets, the beneficiaries, potential legal challenges, and other unpleasant family matters can become part of the public record. For this reason, it has been widely reported by media outlets, such as US Weekly Magazine, that despite his long public career, at the time of his death, Hogan was worth around $5 million, with a majority of that being his intellectual property, valued at $4 million alone.
Second, Hogan chose to disinherit his daughter, Brooke E. Bollea. While parents may decide to disinherit their children for many reasons, it seems the decision to have Ms. Bollea removed may have been mutual. According to a report from People Magazine, Bollea and her father became estranged years before his death, and both gave conflicting reasons as to why their relationship fell apart.
Third, Hogan had to balance his desire to leave his entire Estate to his son, Nick Bollea, from his first marriage, with his third wife's, Sky Daily's, statutory interest in his Estate. While it is relatively easy to disinherit a child, sibling, or parent, most states have protections that prevent spouses from being completely disinherited. Spousal disinheritance can still be achieved through a pre- or post-nuptial agreement. A skilled estate planning attorney can help you draft a prenuptial agreement that will protect your interests and make sure that it is implemented in a way that will hold up after your passing.
At Sinclair, Prosser, Gasior, our talented Estate planning attorneys are equipped to take on the challenges of everything from protecting a superstar's assets to helping you plan for your future. If you would like to discuss estate planning in more detail, please attend one of our free estate planning seminars or schedule a consultation with one of our attorneys.
CLICK HERE for More Information:

Terry Gene Bollea, better known as WWE Superstar Hulk Hogan, passed away on July 24, 2025, at the age of 71. Though he could have consulted experts in the

10/15/2025

It's the Time Machine with Charlie Stinchcomb this Saturday, Oct. 18th from 9:30am until..... The best doowop, street corner harmony and rhythm and blues on the radio! Tune in and enjoy. 1430am and streaming on line. Click Listen Live on wnav.com or get there with Audacy, iHeart Radio or Tunein.

How Do I Know When It’s Time to Start Estate Planning?If you’re wondering whether it’s time to begin your estate plannin...
10/15/2025

How Do I Know When It’s Time to Start Estate Planning?
If you’re wondering whether it’s time to begin your estate planning journey, it likely already is.
Estate planning is often seen as a task for the wealthy or the elderly — but the truth is, everyone can benefit from having a plan in place. Many people delay this important step, unsure about when the right time is to start. Here are some key indicators to know when the time is right:
1. You’ve Experienced a Major Life Change
Marriage, divorce, the birth of a child, purchasing property, or starting a business — these milestones impact your financial and personal situation and are clear signs that it’s time to establish or revise your estate plan to reflect your new circumstances.
2. You’ve Accumulated Substantial Assets
If you’ve built up savings, investments, real estate, or other valuable property, having a comprehensive estate plan ensures these assets are distributed according to your wishes. Without a plan, state laws dictate asset distribution and may not align with your intentions.
3. You Want to Protect Your Family and Loved Ones
Estate planning goes beyond asset distribution. It involves safeguarding your family’s future by appointing guardians for minor children, establishing trusts to avoid probate, and providing clear instructions to manage your estate and care for loved ones.
4. You Are Concerned About Taxes and Probate Costs
Proper estate planning can significantly reduce the tax burden and legal fees your estate may face, preserving more of your assets for your heirs. A tailored plan also helps your family avoid the costly and time-consuming probate process.
5. You Need to Establish Healthcare Directives and Powers of Attorney
Planning for incapacity is essential. With the right legal documents — including healthcare directives and durable powers of attorney — you can ensure trusted individuals are empowered to make healthcare and financial decisions on your behalf.
6. You Seek Peace of Mind
Ultimately, the greatest benefit of estate planning is peace of mind. Knowing that your wishes will be respected and your family protected allows you to focus on what truly matters.
Even if you already have a plan in place, we recommend reviewing your documents in the situations listed above, or at least every 3-5 years, to confirm your plan aligns with your intentions and complies with current laws.
For more information, please join us for an upcoming FREE seminar. If you have questions or concerns about your estate plan, contact the experienced estate planning attorneys at Sinclair Prosser Gasior by calling (410) 573-4818 to schedule an appointment. Sinclair Prosser Gasior Annapolis Headquarters office is now located at 183 Harry S. Truman Pkwy, Suite 104.
Click Here for more info...

If you’re wondering whether it’s time to begin your estate planning journey, it likely already is. Estate planning is often seen as a task for the wealthy

10/09/2025

Charlie is back! It's the Time Machine with Charlie Stinchcomb this Saturday, Oct. 11th from 8am until 11am. Yup it's earlier than normal to accommodate Navy Football and other programming, but it's worth getting up for! The best doowop, street corner harmony and rhythm and blues on the radio! Tune in and enjoy. 1430am and streaming on line. Click Listen Live on wnav.com or get there with Audacy, iHeart Radio or Tunein.

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