Estate and Family Law
Estate Planning and Wills
Proper estate planning is essential for ensuring that your wishes are followed after your passing, and it helps to minimize the emotional and financial burdens on your family. Our team works with you to create an estate plan that reflects your goals and needs:
Wills: We draft clear, legally binding wills that detail how your assets will be distributed, who will be in charge of your estate, and what guardianship provisions should be made for minor children.
Trusts: We assist clients in establishing living trusts, revocable trusts, and irrevocable trusts to protect assets and minimize estate taxes. Trusts can also help avoid the lengthy and costly probate process.
Healthcare Directives and Powers of Attorney: We help you prepare healthcare directives (living wills) and durable powers of attorney, ensuring that your medical and financial decisions are made according to your preferences if you become incapacitated.
Specialized Planning: We assist with more complex planning, including planning for family businesses, second marriages, and special needs beneficiaries. We ensure that your estate plan is tailored to your unique family dynamics and financial goals.
Probate and Estate Administration
When a loved one passes away, their estate must go through the probate process to ensure their debts are paid and assets are distributed as per their will or state law. We provide comprehensive support to executors, administrators, and beneficiaries during this process:
Probate Process: Our attorneys guide you through every step of probate, from filing the will with the court to distributing assets. We help resolve any issues that may arise during the probate process, such as creditor claims or disputes over the validity of a will.
Asset Valuation and Inventory: We help ensure that all assets are identified, valued, and inventoried correctly to comply with state laws and minimize taxes.
Debt Settlement: We assist in the payment of estate debts and taxes, ensuring that any claims against the estate are properly managed and that the estate is distributed as intended.
Final Distribution: We oversee the proper distribution of assets to beneficiaries, ensuring that the decedent’s wishes are honored in accordance with the will or applicable state law.
Trust Administration
Trusts can serve a variety of purposes, including asset protection, tax planning, and avoiding probate. As a trustee, you have a fiduciary duty to manage the trust responsibly and distribute assets according to the trust’s terms:
Trust Creation and Funding: We help create and fund trusts, ensuring that assets are transferred into the trust and that the trust is properly structured to meet your objectives.
Trustee Guidance: If you have been named a trustee, we provide legal advice on fulfilling your fiduciary responsibilities, avoiding conflicts of interest, and managing the trust’s assets in the best interest of the beneficiaries.
Trust Modification or Termination: We assist with modifying or terminating trusts when necessary, ensuring that all legal requirements are met and that the process is smooth and efficient.
Estate and Trust Litigation
Disputes over wills, trusts, or the distribution of assets can be highly contentious and often lead to legal challenges. Our team is skilled in resolving estate-related disputes with sensitivity and tenacity:
Will Contests: We represent clients in will contests, including cases involving allegations of undue influence, lack of mental capacity, or improper execution of the will.
Breach of Fiduciary Duty: If a fiduciary (executor, trustee, or agent) is suspected of mismanaging an estate or trust, we offer legal recourse to beneficiaries who feel their interests have been harmed.
Disputes Over Asset Distribution: We assist in resolving conflicts among beneficiaries regarding how assets are divided or the validity of the will or trust.
Claims Against Estates: We represent both creditors and beneficiaries in disputes over estate claims, including contested debts, estate taxes, or disagreements regarding the distribution of assets.
Estate Tax Planning
Minimizing estate taxes is a critical part of estate planning for those with significant assets. We help clients plan to reduce estate taxes and preserve wealth for future generations:
Gift Tax Strategies: We advise on lifetime gifting strategies that can reduce the taxable value of your estate while benefiting loved ones.
Charitable Giving: We assist in structuring charitable gifts to benefit both the charity and the estate by providing tax deductions and fulfilling philanthropic goals.
Estate Tax Returns and Filings: We help executors and trustees navigate the estate tax filing process and ensure compliance with all tax laws and regulations.
Elder Law and Long-Term Care Planning
For individuals concerned about aging, incapacity, or long-term care, we offer services that address the legal needs associated with aging and healthcare:
Medicaid and Long-Term Care Planning: We assist clients in planning for long-term care costs, including Medicaid eligibility and asset protection strategies to safeguard wealth while qualifying for government benefits.
Guardianship and Conservatorship: If an individual becomes incapacitated and is unable to make decisions for themselves, we can help establish guardianships or conservatorships to protect their well-being and manage their affairs.
Business Succession Planning
If you own a business, it's essential to have a plan in place for transferring ownership and management in the event of your death or incapacity. We help business owners create a succession plan that ensures the continuity of their business and the protection of their assets:
Business Continuity Plans: We work with business owners to create succession plans that outline the transfer of ownership, management, and operational responsibilities to trusted family members or partners.
Tax and Asset Protection: We advise on how to minimize taxes and protect business assets in the event of a business transfer or sale.