Asset Protection and Preservation (Estate Planning) – No matter how old you are, you need to think about protecting your assets and ensuring your family’s financial security.  And you need to decide on how your affairs will be handled if you become incapacitated and when you die. That includes medical, health and life-care decisions as well as who will care for your minor or special-needs children.  We can help you assess the value of your estate and advise you on the documents and strategies that meet your and your family’s needs.  

Powers of Attorney – We prepare Powers of Attorney to allow families to facilitate your needs in the event you are unable or incapable of taking care of your financial and legal affairs, thereby avoiding the necessity to have a conservator appointed for you by the Probate Court.  Avoiding the Probate Court will save time and money as well as protect your privacy.  Powers of Attorney are also useful when you are traveling and need someone to take care of your needs at home, and are also an essential tool in estate planning.  Powers of Attorney can be revoked at any time and terminate upon death.  We can advise you on whether a Power of Attorney is needed for your particular situation.

Gifting – Making planned gifts can reduce the amount of estate tax owed after death.  Gifting can also be used for other planning purposes.  We can help you decide whether planned gifts are appropriate for you. 

Medicaid Planning – We can discuss ways to protect your assets in the event you or your spouse needs Title XIX assistance (Medicaid).  Typically, you cannot own any substantial assets and must spend down your assets before becoming eligible for Medicaid assistance.  Depending on your situation, we may be able to assist you in accessing Medicaid benefits without spending down all of your assets. 

Wills – A Will is essential in ensuring your wishes as to how and to whom your wealth will pass upon your death.   Without a Will, the State will determine who receives your assets.  Your Will also allows you to name the person who will care for your children, should you pass before they reach the age of 18. Through a Will, you may also name your Executor, the person who will manage your affairs after your death. We prepare many different types of Last Will and Testament documents, from simple to complex.  We can advise you on the type of Will appropriate for your needs. 

Living Wills – Living Wills appoint someone to make health care decisions for you in the event you are unable to make such decisions yourself.  Living Wills also indicate your preferences for life support, nutrition, and hydration should you be unable to make your wishes known at the time.  If you wish to make provisions for the donation of organs, you would also include those instructions in your Living Will. 

Trusts – We prepare both stand-alone Trusts and Testamentary Trusts (trusts created under your Will), depending on your needs and goals.  We can advise you whether a Trust is right for you and which Trust you will need. 

Probate – After a loved one dies, you may need to probate the estate.  Probating an estate is necessary to transfer assets held by the estate to the beneficiaries of the estate.  Our attorneys are experienced probate lawyers who can advise you on the type of estate to file with the Probate Court as well as how to navigate the entire probate process.  We are also available to defend a Will if it is challenged on grounds of capacity to make a Will or undue influence.  In appropriate situations, we can bring such challenges on your behalf.  We can also help you avoid the need for probate through various estate planning vehicles.

Complex Estates – Working with other specialized professionals, such as accountants, we can advise you on how best to meet your estate goals when complex family and business ownership issues exist.