Areas Of Practice

This process involves an analysis of the client’s familial and emotional responsibilities and wishes. We consider the client and his/her family’s health, marital status, position in life, age, financial security, responsibilities to others and the needs of dependents. We restructure client assets where necessary, and draft legal documents to implement a plan to accomplish the client’s objectives (utilizing Wills, Trusts, Complex Deeds, Re-Titling of Assets and beneficiary designations under financial instruments and accounts).

We determine if the client has sufficient capacity to understand the significance of giving the authority to make decisions for him/her to someone else. We determine if there is a person sufficiently trusted to allow him/her to manage the client’s financial affairs. We determine if there is a person sufficiently trusted to allow him/her to make personal care and medical decisions for the client. Based on the circumstances, we may recommend Powers of Attorney, Living Wills (Advance Directives for Healthcare), or, as a last resort, Guardianship.

We advise clients of alternative mechanisms available for the financing of long- term care and chronic health needs. This includes Medicare, Medi-gap insurance, Long-term care insurance, Medicaid and Veterans’ Benefits. We develop financial plans to assist clients in qualifying for benefits and conserving assets. We make clients aware of eligibility requirements of appropriate programs and assist in the application process to obtain eligibility or appeal ineligibility determinations.

Special Needs Trusts are designed to preserve assets for the benefit of disabled persons without jeopardizing their eligibility for government benefit programs. We develop individually designed trusts and obtain government approval for excluding trust assets in determining disabled persons’ eligibility for benefits. There are many circumstances where Special Needs Trusts are a useful tool to enhance the quality of life of a disabled person. Proceeds of tort litigation are frequently placed in Special Needs Trusts.

We guide the Executor/Administrator through the required processes of settling a deceased person’s estate. We untangle messy situations and resolve conflicts through the creation and implementation of practical solutions. We address conflicts that arise between beneficiaries, creditors, taxing authorities, and occasionally fiduciaries, by negotiation, if possible, or litigation, if necessary.

We serve as legal counsel to individual and corporate Trustees. We provide guidance on compliance with the dispositive provisions of trusts. We advise individual trustees of their duties and responsibilities under the law. We also provide tax reporting services to individual trustees.

• We obtain Guardianship of incapacitated persons;
• We prosecute Will contests; and
• We hold fiduciaries (Agents under Powers of Attorney, Trustees, and Executors/Administrators of Decedent estates) accountable for their actions.