Baby Boomers - update your estate planning documents!

I have found that many clients have their wills drafted when they have young children at home, and then do not think about revisiting their documents ever again. As a rule of thumb, I recommend that my clients review their estate planning documents at least every three years. If you haven't looked at your documents in a while (or even in a few decades!), here are a few reasons why doing so is a good idea:

1. Laws change. State and federal laws regarding estate taxes are always in flux. Also, some states have adopted new laws about "living wills" - the documents that guide your family in making end of life decisions about your care.
2. People change. Twenty years ago, you may have appointed your cousin to be your executor in your will. That was before it was revealed that he had a gambling problem... Suddenly, your cousin no longer seems like the best person to be wrapping up your finances.
3. Finances change. You may have been in those youthful years when money was tight when your documents were first drafted. Now you have a vacation home, a sizeable nest egg, retired and have started a small business out of your garage. All of these need to be considered when drafting your will.
4. Stuff changes. You may have started a priceless baseball card collection, or you may have inherited a family heirloom that is to be passed on to a specific family member. These need to be addressed in your estate planning documents.
5. Families change. Kids grow up and have their own kids. Marriages occur and divorces happen. All of these family relationships need to be taken into consideration. Some divorced clients believe that their wills are no longer valid after their divorce is finalized. Guess what? Your old will where your ex gets everything is still valid until you revoke it.
6. Homes change. You've been in three different houses and lived in a few states since you had your documents drafted. Each state has different rules and guidelines about what is included in the various estate planning practices. What was valid in your old home state may not be valid in your current location.
7. You change. Your goals at 60 are different from your goals at 30. You may want to leave a legacy for your family. Further, your health needs now are different than when you were younger.

Recap of Planning Board on 4/15/13

Howard County's Planning Board met on Monday in a public work session to review proposed text amendments as part of the comprehensive zoning process. The current Planning Board members are Dave Grabowski, (Chair), Paul Yelder (Vice-Chair) Josh Tzuker, Bill Santos, and Jacqueline Easley.

While there are many proposed text amendments considered by the Planning Board, a few have been particularly interesting:

1. Allow chicken keeping on properties where the lot is greater than 10,000 square feet and there is a single-family detached dwelling, which is occupied as a residence. Residents can have up to 8 hens, and no roosters. This has been well followed in the local news.
2. Require permits of businesses run out of a person's home.
3. Allow granny pods on certain residential properties. Granny pods are portable, temporary housing units which are outfitted with medical monitoring devices. The proposed amendment would allow a second dwelling unit on a lot for the use of an elderly or disabled immediate family member of the principal dwelling unit.

The next scheduled work session is Monday, April 22, 2013 at 6:00pm, in the George Howard Building, 3430 Court Avenue, Ellicott City, MD 21043.

Historic Preservation Easements

A historic preservation easement is a type of conservation easement designed to protect a significant historic, archaeological, or cultural resource. An easement is an agreement between a property owner and another party which limits certain rights of the owner. Preservation easements entetered into with the State of Maryland are managed by the State Historic Preservation Office (The Maryland Historical Trust). According to the State Historic Preservation Office:

Generally, the owners of the easement property agree to relinquish partial development rights, to maintain the property, to provide limited public access, and to obtain prior approval for any changes or alterations.  In exchange, The Maryland Historical Trust promises to protect the property by ensuring continuous compliance with the terms of the Easement.

There are currently 21 properties in Howard County which have a historic preservation easement. For the full list of all properties in Maryland, see the list provided by the Maryland Historic Trust.

Wills for Heroes

I spent this past Saturday volunteering with Wills for Heroes, which held a session at the James N. Robey Public Safety Training Center in Marriottsville. Wills for Heroes is a phenomenal program which provides free wills and other estate planning documents for first responders - i.e. fire department and police department personnel. According to the Wills for Heroes website:

Anthony Hayes, a partner at Nelson Mullins Riley and Scarborough, LLP, in Columbia, South Carolina, started the Wills for Heroes program shortly after the September 11, 2001, terrorist attacks. Anthony emailed the Columbia Fire Department asking what lawyers could do to help that department. During an impromptu focus group, it became clear that there was a glaring need for estate planning services.
 

The attorneys who volunteered this past Saturday were able to provide estate planning documents to roughly 70 individuals.

Amended zoning for Normandy approved

From the Baltimore Sun: Howard County Council approves amended zoning for Normandy

HoCo Exec Ken Ulman Awarded for Sustainability

From the Baltimore Sun: Ulman accepts sustainability award for Downtown Columbia plan

HoCoZo

For those of you interested in zoning and development proposals here in Howard County, check out HoCoZo, our blog which posts upcoming pre-submission meetings and related information.

Comprehensive Rezoning Deadline is 12/14/12

From Howard County's Department of Planning and Zoning:

Deadline Fast Approaching for Comprehensive Rezoning Proposals

The Department of Planning and Zoning (DPZ) is accepting proposals for zoning map and regulation amendments through December 14, 2012.  Any property owner may request a zoning map change on their property.  For example, if a property is zoned for residential use, but the owner of that property wants the property zoned for business use, a request may be submitted.  Requests for zoning regulation changes, also known as text changes, may be made by anyone.  Until December 14, 2012, proposals for both types of zoning changes should be made via the official request forms, which can be found on the County’s website (www.howardcountymd.gov/compzoning). 
The 2012 Comprehensive Rezoning effort will include the following steps:

1.    DPZ accepts requests for zoning map and regulation changes

2.    DPZ compiles and evaluates all requests

3.    DPZ submits recommended changes to Planning Board and posts all properties

4.    Planning Board conducts a public hearing on recommendations

5.    Planning Board submits recommended actions to the Administration and County Council

6.    The Administration’s revised proposal is introduced as legislation to the County Council for its consideration

7.    County Council holds a public hearing

8.    County Council votes on recommendations

For general information and questions about the comprehensive rezoning process, residents may submit specific inquiries via email at compzoning@howardcountymd.gov and/or contact the County’s information line at 410-313-0500. 

What is Howard County 2012 Comprehensive Zoning?

          Zoning or rezoning in Howard County is primarily conducted in two ways.  Approximately every ten years, the County Council undergoes a legislative process called comprehensive zoning during which county officials review the entire county zoning map, hold hearings, and, ultimately, making a legislative decision about how to best assign zones throughout the county.  In between Comprehensive Zoning cycles, through a process called piecemeal rezoning, individual property owners can petition for a rezoning of a particular parcel of land if the property owner can establish that there was a mistake during the last Comprehensive Zoning cycle that resulted in an incorrect zoning assignment or that there has been a significant change to the area such that the current zoning category is inconsistent.  The Zoning Board (which, in reality, is comprised of the County Council members, but in this forum they are wearing different “hats”) then makes a quasi-judicial determination whether the facts support a rezoning of the property.

       The 2012 Howard County Comprehensive Zoning process has begun. The Howard County Department of Planning and Zoning ("DPZ") will be making recommendations for both "Map Amendments" and "Zoning Regulation Amendments" ("ZRA") to the County Council. A “Map Amendment” is a zoning change that will result in the assignment of a different zone to a parcel or parcels of property during the zoning review process (for instance, a "residential use" property could be changed to a "commercial use" property). A ZRA is a change to the text of the Howard County Zoning Regulations (for instance, the minimum lot size for a residence could be changed to allow more houses in a development).

         In addition to recommendations being made by DPZ, property owners can submit applications for Map Amendments starting October 15 through December 14.  Property Owners may also submit proposals for ZRA's. All of these applications will be reviewed by DPZ, the Planning Board and the County Council. Any requested change must be in harmony with the new General Plan for the County, called PlanHoward2030, which is now in effect and sets the parameters for zoning preferences and sets forth the general land use goals for the County for the next 10 to 20 years.

       Whether or not a property owner wishes to submit an application for a map amendment or ZRA, all residents of the County can find out what changes are being requested and attend the public meetings and hearings to weigh in on proposed changes.   

                             

HoCo Announces Comprehensive Rezoning!

Howard County’s Department of Planning and Zoning announced today that it will launch
 the countywide rezoning process and will be accepting proposals for zoning map and regulation
amendments between October 15 and December 14, 2012. For more information, see the announcement sent out by the county today (.pdf).

North Laurel Residential Development

From explorehoward.com: Proposed residential development in North Laurel gets mixed reviews

185-home subdivision planned for end of 29 in Ellicott City

From Explore Howard: 185 homes planned where Route 29 ends in Ellicott City

Symphony Woods On Hold?

From the Baltimore Sun: CA weighs putting Symphony Woods Project on Hold

Howard Hughs Corp. buys 70 Corporate Center

From the Baltimore Sun - Howard Hughes Corp. buys former Ryland Group headquarters in Columbia

Chin Baptist Mission Church granted conditional use

From the Baltimore Sun: Glenwood church gets zoning exception from Board of Appeals

Maryland grocery stores and liquor sales

From the Baltimore Sun: Groceries seeking ways around wine sales ban

Wegman's Liquor License Hearing Continued

From the Baltimore Sun: Wegman's Liquor License Hearing

Columbia Bridge

From the Baltimore Sun: Bridge to unite Columbia villages seen as crucial for town

Gender Discrimination

On December 5, 2011, Howard County's Council passed a bill protecting individuals from discrimination based on gender identity. Similar legislation was passed in Baltimore County, as well as Baltimore City and Montgomery County. Baltimore Outloud reported that:

"The four council members who voted for the bill were Democrats Mary Kay Sigaty, Jen Terrasa, Calvin Ball (Council Chair) and Courtney Watson. Greg Fox, a Republican from Western Howard County, voted against the measure saying that the federal and state governments should pass a single law that clarifies the definition of public accommodations. The county law, as written, is vague on the definition."

Maryland Senate Bill 212 is designed to provide a comprehensive law protecting gender identity throughout Maryland. The bill prohibits discrimination in public accommodations, housing, and employment and by specified licensed or regulated persons. The bill is not without it's opponents, and at a recent committee hearing, Metro Weekly reported that number of legislators left the room.

Earlier this month, Metro Weekly wrote about the impetus for the Maryland bill:

"Some advocates cited the case of Chrissy Lee Polis, a transgender woman who was savagely beaten after using a restroom in a Baltimore-area McDonald's in Rosedale, Md. in April 2011, as evidence of hostility facing transgender women. Polis's attack was recorded on a cell phone camera and later posted on the Internet, where she was subjected to verbal attacks from online viewers, including the employee who posted the video."

Patty Rouse, widow of James Rouse, passes away

From the Baltimore Sun: Patty Rouse, widow of Columbia founder, dies