Atwell Law, LLC Atwell Law, LLC 2026-07-08T00:58:47Z https://www.atwelllaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104604/2025/10/cropped-favicon-atwell-x-1-32x32.jpg On Behalf of Atwell Law, LLC <![CDATA[Key features of an estate plan for parents of minor children]]> https://www.atwelllaw.com/?p=49697 2022-02-15T15:31:42Z 2022-02-15T15:31:42Z A will that names guardians for your children Most parents can not bear the thought of their children becoming orphans. However, Maryland parents can have the peace of mind that comes with knowing they can protect their children if the unthinkable happens and circumstances rob their children of both parents. A will allows parents to name guardians to raise their children. Otherwise, a judge determines the guardians, who may not be the parents' first choice.

Provisions for children with special needs

Parents should consider establishing a trust to pay for the future needs of any children with special needs. A special needs trust will not interfere with a child's state or federal benefits, but it can help pay for many things to improve the beneficiary's quality of life. Parents should also name a trustee who will oversee the trust and reliably use the funds to pay for specific eligible expenses.

Life insurance

A life insurance policy can ensure that your children's guardians have enough money to raise your children and give them the lifestyle you want them to have. Naming children as the beneficiary of a life insurance policy can also ensure that they have enough money to pay for college or other expenses that will improve their lives long after you are gone. No parent wants to think about leaving their children, but life is unpredictable and establishing an estate plan that protects your children is something you can control.]]> On Behalf of Atwell Law, LLC <![CDATA[Pendente lite orders for deciding child custody during divorce]]> https://www.atwelllaw.com/?p=49694 2022-01-19T15:56:15Z 2022-01-19T15:56:15Z Pendente lite Latin for pending the litigation, this term refers to orders put into place while the matters of the case are still undecided. Such orders are temporary but can serve to relieve tension and set boundaries while all parties are adjusting to a new way of life. Either spouse can request a pendent lite order to receive temporary arrangements. While not exclusively used for divorce matters like child custody, they are often used in these cases.

Benefits

Some divorcing couples may find it easy to accommodate one another and agree to certain terms while separated. However, many spouses are unable to compromise and need assistance from an objective third party to decide the terms they will need to abide by. Child visitation and custody matters that cause disagreements between parents can be lead to stress and upheaval that is difficult for the children. Pendente lite orders will put temporary arrangements in place that cater to the best interests of the child. Support, visitation, legal and physical custody are usually included, as well as for deciding who will retain ownership or residence in the family home. It is important to remember that these decisions are temporary and may change when the divorce becomes finalized.]]> On Behalf of Atwell Law, LLC <![CDATA[Are DUI checkpoints legal in Maryland?]]> https://www.atwelllaw.com/?p=49690 2021-12-13T18:13:01Z 2021-12-13T18:13:01Z set up sobriety checkpoints. At these checkpoints, officers stop a random sample of passing motorists to check for intoxication. Provided they meet certain requirements, DUI checkpoints are legal in the Old Line State.

Requirements for a legal checkpoint

In Marlyand, sobriety checkpoints cannot be arbitrary. That is, officers may not set them up on a whim wherever they fancy. To comply with legal requirements, a DUI checkpoint must have the following features:
  • A predetermined and standard pattern for stopping drivers
  • Advance notice to the public
  • Road signs alerting approaching motorists to the checkpoint
  • A turnaround for motorists who do not want to proceed through the checkpoint

Strategies for passing through a checkpoint

If you are approaching a DUI checkpoint, it is important to follow all traffic rules. When you arrive at the checkpoint, comply with officer instructions. Be careful not to volunteer information or say too much, though, as you do not want to incriminate yourself. Remember, you do not have to help officers develop a DUI case against you. Officers may make mistakes when setting up a DUI checkpoint. Ultimately, if you are facing charges following an arrest at one, it may make sense to investigate whether officers followed all the requirements for making the checkpoint legally valid.]]> On Behalf of Atwell Law, LLC <![CDATA[Effects of drowsy driving and signs to watch out for]]> https://www.atwelllaw.com/?p=49687 2021-11-09T05:05:35Z 2021-11-09T05:05:35Z Drowsy driving It is not uncommon to drive when feeling a little tired, as many people do not get sufficient sleep. However, making the decision to get behind the wheel when you are feeling exhausted can be incredibly dangerous. The Sleep Foundation states drowsiness affects the following:
  • Reaction time
  • Coordination
  • Vigilance
  • Judgment
  • Attention

Prevention

The most obvious prevention strategy is to not drive when you are feeling tired, but what level of drowsiness will affect your ability to operate your vehicle? Oftentimes, it is the car ride itself that lulls people into fatigue. However, you can take steps to be a safe, alert driver. If driving long distances, take regular and frequent breaks. Pull into a rest stop to walk around, eat some food or even take a quick nap if allowed. When driving with license-holding passengers, consider taking turns at the wheel.

Warning signs

Knowing when to pull over or switch drivers is crucial. Watch out for warning signs like blurred vision, excessive yawning, frequent blinking or slowed reaction times. Are you feeling aggravated? Is your mind wandering continuously? These are also signs of fatigue. Do not be afraid to admit that you need a break. Car accidents caused by drowsiness do not have to happen if all drivers stay rested and alert.]]> On Behalf of Atwell Law, LLC <![CDATA[Seat belt syndrome requires a medical diagnosis]]> https://www.atwelllaw.com/?p=49683 2021-10-04T19:49:09Z 2021-10-04T19:49:09Z nearly 400,000 traffic fatalities in the U.S. alone. Following a car accident, you may expect to have some bruising across your waist or on your torso. Because many bruises are skin deep, you may not think you need medical care for one. Still, if you have seat belt syndrome, you may require immediate medical care.

What is SBS?

SBS is the common name for a variety of injuries you may suffer when your body pushes against your car's seat belt during a car accident. These may include one or more of the following:
  • Bruises
  • Broken bones
  • Nerve damage
  • Organ damage
  • Internal bleeding

Why is SBS serious?

If your SBS only involves minor bruising, you probably do not have to worry about your health or recovery. Unfortunately, even if you have medical training, you may not be able to distinguish between a superficial injury and a potentially life-threatening one. Going to the emergency room for a complete examination is the easiest way to determine whether your life may be in danger.

How do you pay for an SBS diagnosis?

Doctors may use blood tests, diagnostic scans, x-rays and other tools to determine if you have SBS. These tests and the doctor's talents can be exceedingly expensive. Regardless of whether you have health insurance, your health demands receiving the correct diagnosis. Ultimately, to help you pay mounting medical bills for SBS and any other injuries you suffer, you may be able to pursue financial compensation from the driver who caused the accident.]]> On Behalf of Atwell Law, LLC <![CDATA[Can you get a DUI even if you are below the legal limit?]]> https://www.atwelllaw.com/?p=49681 2023-09-26T13:59:17Z 2021-09-06T21:32:14Z Crimes you can be charged with Maryland’s legislature defines the crime of driving under the influence as operating a vehicle with a blood alcohol content (BAC) of 0.08% or more. This means that, if the police pull you over and test your breath, and the breathalyzer result is 0.08% or above, you will automatically go to jail and receive a DUI charge. However, you can also receive a criminal charge for a BAC less than this maximum. For example, if you have a BAC of 0.07%, you could receive a charge for a lesser crime known as driving while impaired.

Defective breathalyzer tests

Police rely heavily on breathalyzer machines to evaluate a person’s level of impairment of purposes of arresting them. However, breathalyzer machines aren’t always accurate. Occasionally, inaccurate readings can lead to someone’s arrest when they might not deserve it. This means that you have a couple of solid options when it comes to presenting your defense. You could test the accuracy of the breathalyzer machine that the police used on you, if the results seem dubious. Alternately, you might be able to challenge the pretenses under which the police pulled you over and tested you. No one wants a DUI or DWI conviction on their record. But a charge is not a conviction. You still have the opportunity to strategize with your lawyer to prepare a solid defense to present in court.]]> On Behalf of Atwell Law, LLC <![CDATA[Why gray divorce is on the rise]]> https://www.atwelllaw.com/?p=49677 2021-08-18T16:04:26Z 2021-08-18T16:04:26Z older people divorce, specific concerns include the dramatic shift in retirement income resulting from property division. Whereas past generations might decide to ride it out, the present population of aging Americans seems to be more willing to make this drastic change in their lives. This could be attributable to several different factors.

Lifespan

People are living much longer, thanks to medical advances. "Until death do us part" is a bigger commitment now than it used to be, and given that, many couples are not willing to remain in an unhappy marriage that could last 70 years or more.

Children

While it is not uncommon for people to stay married for the sake of their children, by the time a couple is in their 50s, their children are likely adults, often with kids of their own. At that point, ending the marriage may not have as serious an impact on their children.

Retirement

When couples retire, particularly with an empty nest, they may find that without work or children to focus on, there is not enough common ground between them to sustain their marriage. They may also discover their retirement goals and interests are incompatible, for example, traveling versus staying close to home. As the stigma once associated with divorce continues to fade, couples may find it easier to make the decision. Also, by middle age, many are already in a second or even third marriage. Statistics suggest that people with multiple marriages are more likely to divorce, even at an advanced age.]]> On Behalf of Atwell Law, LLC <![CDATA[Why Maryland drivers should consider purchasing PIP and MedPay]]> https://www.atwelllaw.com/?p=49670 2021-07-20T19:17:09Z 2021-07-19T19:04:13Z personal injury protection and medical payments insurance provides an extra layer of protection for Maryland drivers injured in car accidents.

What are personal injury protection and medical payments coverage?

Maryland law requires all drivers to purchase a minimum of $2,500 in personal injury protection coverage. This coverage reimburses policyholders for medical expenses and lost wages that result from an auto accident, up to the limits of the coverage. This coverage applies no matter who caused the accident. Medical payments coverage is similar to PIP coverage, but it only pays for medical or funeral expenses.

Reasons to consider PIP and MedPay

Maryland operates under a negligence standard called contributory negligence. This means that any person who contributes at all to their own damages in a car accident cannot collect from the other party, even if the other party is significantly more at fault. This can make recovering damages from an at-fault party difficult because few accidents are solely caused by one driver with absolutely no contribution from the other. The application of the contributory negligence standard in Maryland makes it a tough choice to rely solely on collecting damages from the at-fault party when you sustain injuries in a car crash. Purchasing PIP and MedPay coverages can protect your financial interests and help ensure that you and your family members receive adequate medical care after an accident.]]> On Behalf of Atwell Law, LLC <![CDATA[Do courts in Maryland always grant spousal support?]]> https://www.atwelllaw.com/?p=49664 2021-07-01T01:51:06Z 2021-07-01T01:51:06Z divorce in Maryland should not conclude that they will automatically have to sacrifice half of their income to support a former spouse. Many different variables affect whether someone will be eligible to receive support.

Earning capacity

One of the most important factors affecting spousal support is an individual’s ability to pay basic living expenses. A court will consider someone’s current employment status, education, and professional experience.

Comparative standards of living

Courts may grant support because there will be a significant disparity in the living situations of both parties. The goal of an order may be to make a person’s standard of living comparable to how it was during the marriage.

Length of a marriage

A long marriage is much more likely to merit an order of spousal support than a relatively short marriage. If a marriage did not last very long, spouses were unlikely to be financially dependent on one another.

Division of assets

Typically, courts settle the division of marital property before granting spousal support, although they may issue a temporary order in the interim. The value of assets that each spouse receives could influence whether someone will receive support. Ultimately, there is no single formulaic approach to granting spousal support. Courts apply many of the same principals when they hear cases, but they evaluate the unique situation of each couple when issuing a ruling.]]> On Behalf of Atwell Law, LLC <![CDATA[How to negotiate out-of-state custody arrangements]]> https://www.atwelllaw.com/?p=49661 2021-05-25T21:10:51Z 2021-05-25T21:10:51Z Focus on the children It is natural for parents to want to spend time with their children. However, the needs of the children should come first. What seems like a fair child custody agreement to the parents may cause stress to the children. Think about their needs and create an arrangement that helps them prosper.

Discuss the issues

Working out the logistics of a shared custody arrangement when the parents live in separate states is vital. You and your former partner should discuss issues regarding:
  • Transportation methods
  • Travel expenses
  • Schooling
  • Routines
  • Future changes

Come to an agreement

A willingness to compromise is essential when negotiating a viable custody plan. The children should have the chance to bond with both parents. However, it may be necessary for one parent to have the child for longer periods of time due to school or other activities. There is nothing wrong with that, as doing what is fair does not always mean splitting things down the middle. Remember that circumstances change as children age. An arrangement that worked well during their time in elementary school may not work well when they become teenagers. Remain flexible and open to changing the agreement as needed. You and your former partner may not resolve all the issues in one session. However, it is important to determine custody arrangements quickly, ideally before the move takes place.]]>