OUR PRACTICE

ESTATE PLANNING

Estate planning is the process of organizing and preparing for the management and distribution of your assets after your death. It involves creating a plan that ensures your wishes are carried out and your loved ones are provided for. Estate planning is an important step in ensuring your assets are protected and distributed according to your wishes.

There are several key elements of estate planning that should be considered, including creating a will, establishing trusts, and setting up powers of attorney. A will is a legal document that outlines how your assets will be distributed after your death. This can include specifying who will receive your property, how much they will receive, and when they will receive it. Establishing trusts can also be an important part of estate planning. Trusts can be used to protect assets from creditors, provide for loved ones with special needs, or minimize taxes.

Powers of attorney are another important aspect of estate planning. This allows you to appoint someone you trust to make decisions on your behalf if you are unable to do so yourself. This can include financial decisions, healthcare decisions, or legal decisions. It is important to choose someone you trust and who is capable of making decisions in your best interests.

Another important aspect of estate planning is long-term care planning. This involves making arrangements for your care if you become unable to take care of yourself due to illness or injury. This may include setting up a long-term care insurance policy, creating a plan for in-home care, or making arrangements for assisted living or a nursing home.

It is also important to review and update your estate plan regularly. Your assets and personal circumstances may change over time, so it is important to ensure your estate plan remains current and reflects your current wishes.

Estate planning can seem overwhelming, but it is an important step in ensuring your assets are protected and distributed according to your wishes. By creating a will, establishing trusts, setting up powers of attorney, and making long-term care arrangements, you can ensure that your loved ones are provided for and your assets are protected. It is important to review and update your estate plan regularly to ensure it remains current and reflects your current wishes.

If you have any questions or concerns about estate planning, it is important to consult with a qualified attorney or financial advisor. They can help you understand the process and ensure that your estate plan is complete and accurate.

AVOIDING PROBATE

Probate is the legal process by which a court oversees the distribution of a deceased person's assets. It can be a long and costly process, and it is not always necessary. With proper planning, probate can often be avoided.

One way to avoid probate is to use a revocable living trust. This type of trust allows you to transfer ownership of your assets to the trust while you are still alive. Upon your death, the assets in the trust pass to your beneficiaries without the need for probate.

Another way to avoid probate is to use joint ownership with the right of survivorship. This means that when one owner of a piece of property dies, the surviving owner automatically becomes the sole owner of the property. This can be done with bank accounts, real estate, and other assets.

Another way to avoid probate is to use payable-on-death (POD) or transfer-on-death (TOD) designations. This allows you to name a beneficiary for a bank account or investment account who will automatically inherit the account upon your death, without the need for probate.

As an experienced attorney, I can help you understand the probate process and develop a plan to avoid it. By taking the time to plan ahead, you can ensure that your assets will pass to your loved ones as smoothly as possible.

If you would like to learn more about how to avoid probate and protect your assets, please contact me to schedule a consultation. I will be happy to discuss your options and help you make the best decisions for you and your family.

ASSET PROTECTION

Asset protection is the process of securing your assets from creditors, lawsuits, and other potential threats. It is an important aspect of financial planning for individuals and businesses alike.

Statutory exemptions, such as homestead exemptions and exemptions for certain types of personal property, can provide limited protection for assets in the event of a legal judgment. Additionally, changes in ownership of assets, such as transferring ownership to a trust or LLC, can provide an additional layer of protection.

Gifts to family members and loved ones, directly or to a trust, can also be used as a form of asset protection, as they allow for the transfer of assets outside of probate and can be structured to protect assets from creditors.

A will is an invaluable tool in your asset protection strategy.  Without a will, the state will choose who gets your property and the amount, and it may not be who you would have chosen.  Careful planning can keep your assets from going to the wrong people.   

Asset protection trusts, both self-settled domestic and offshore trusts, can provide a high level of protection by placing assets in a trust that is difficult for creditors to access. 

Limited liability companies (LLCs), family partnerships, and corporations can also provide protection by separating personal assets from business assets.

Prenuptial agreements can be a useful tool in protecting assets in the event of divorce, but they must be worded properly and certain procedures must be followed to comply with state law to be effective and valid.  

Timing in asset protection planning is crucial.  Fraudulent conveyance laws can be used to challenge any transfers made with the intent to defraud creditors.

As an experienced attorney, I am well-versed in the various strategies and techniques for asset protection and can help you develop a plan to protect your assets and secure your financial future. Contact me today to discuss how I can assist you with your asset protection needs.

PROBATE AND LITIGATION

As an experienced probate attorney, I understand that the process of probating an estate and probate litigation, such as a will contest, can be overwhelming and emotional for those involved. 

My goal is to guide clients through this process with compassion and expertise.

I have extensive knowledge of probate laws and procedures, and am well-versed in the legal requirements for probating an estate and administering the distribution of assets to beneficiaries. I can assist with the preparation and filing of necessary documents, as well as represent clients in court proceedings.

In the event that a will is being contested, I can provide aggressive and strategic representation to protect my clients' rights and interests. I am committed to fighting for a fair and just outcome for my clients.

I understand that every probate and will contest case is unique, and I work closely with my clients to understand their specific needs and goals. My compassionate and personalized approach to client service sets me apart from other attorneys in the field.

If you are facing the probate of an estate or probate litigation, such as a contest of a will, please do not hesitate to contact me to discuss your case. I am dedicated to providing the highest quality legal representation and will work tirelessly to achieve a successful outcome for you and your loved ones.

PLANNING FOR MEDICAID ELIGIBILITY: PROTECT YOUR ASSETS 

Lawyers who specialize in Medicaid planning can help individuals and families navigate the complex process of planning for long-term care. Whether you are just starting to plan for your future or are already in the midst of a health crisis, a Medicaid planning attorney can provide you with the guidance you need to protect your assets and ensure that you receive the care you need.

Medicaid planning involves understanding the eligibility requirements for Medicaid and the impact that receiving benefits will have on your assets and income. It also requires knowledge of the laws and regulations that govern Medicaid and the steps that must be taken to preserve assets for future generations.

An experienced Medicaid planning attorney can help you understand your options and make informed decisions about how to plan for your future. They can help you determine if you are eligible for Medicaid, evaluate your assets and income, and identify ways to protect your assets from Medicaid spend-down requirements.

Additionally, Medicaid planning lawyers can assist with the application process, help you navigate the appeals process if necessary, and represent you in any legal proceedings related to your Medicaid benefits.

There are several strategies that can be used to protect your assets when planning for Medicaid eligibility. Here are a few of the most common ones:

1. Spousal Protection: If you are married, your spouse may be able to keep a portion of your assets, even if you require long-term care. A Medicaid planning attorney can help you understand your rights and options and create a plan to protect your assets.

2. Transferring Assets: One strategy to protect your assets is to transfer them to a trusted family member or a special needs trust. A Medicaid planning attorney can advise you on the legal requirements and potential tax implications of such transfers.

3. Annuities: An annuity can be used to convert countable assets into income, which can make you eligible for Medicaid. A Medicaid planning attorney can help you understand the rules and regulations surrounding annuities and determine if they are a suitable option for you.

4. Home Protection: In some cases, your home may be protected from Medicaid spend-down requirements. A Medicaid planning attorney can help you understand the rules and regulations surrounding home protection and determine if this is an option for you.

5. Irrevocable Trusts: An irrevocable trust can be used to protect your assets from Medicaid spend-down requirements. A Medicaid planning attorney can help you understand the legal requirements and potential tax implications of establishing an irrevocable trust.

If you or a loved one is facing the need for long-term care, now is the time to start planning. A Medicaid planning attorney can provide you with the knowledge and guidance you need to protect your assets and ensure that you receive the care you need. Contact a Medicaid planning attorney today to learn more.

BANKRUPTCY

Filing for bankruptcy can be a difficult decision, but it may be the best solution for those struggling with overwhelming debt. As an experienced bankruptcy attorney, I can help you understand the different types of bankruptcy and guide you through the process.

Chapter 7 bankruptcy, also known as "liquidation" bankruptcy, allows individuals to discharge most of their unsecured debts such as credit card debt, medical bills, and personal loans. This type of bankruptcy can provide a fresh start for those who qualify.

Chapter 13 bankruptcy, also known as "reorganization" bankruptcy, is available to individuals with regular income who are unable to pay their debts as they become due. This type of bankruptcy allows individuals to reorganize their debt and make a plan to pay it off over a period of three to five years.

If you are considering filing for bankruptcy, it is important to consult with an experienced attorney who can evaluate your unique situation and help you make the best decision.

I can help you understand the pros and cons of bankruptcy, the eligibility requirements, and the potential consequences. I can also help you navigate the complex legal process and represent you in court.

If you would like to learn more about bankruptcy and explore your options, please contact me to schedule a consultation. I will be happy to answer any questions you may have and provide you with the guidance you need to make the best decision for you and your family.