Elder Law

As Part of our Elder Law Practice, we handle the following types of legal matters:

• Probate Administartion
• Wills
• Trusts
• Estate Planning
• Probate Litigation

PROBATE ADMINISTRATION:
Both Mr. King and Ms. Guiddy have had occasion to act as the personal representative for the estate of a decedent admitted to probate in Pennsylvania and in other states. Such experience makes them familiar with the difficulties and decisions facing their clients, who act as executors and administrators, during estate administration. The attorneys within the firm more frequently act as counsel for administrators and executors in estates, including the administrators and executors that are in the midst of a dispute over some of the issues or assets involved in the estate being administered requiring sensitivity to matters that could cause family disharmony for generations, while requiring a firm hand to see the estate concluded as envisioned by the decedent and expressed in the will. Fees are typically structured on an hourly basis or as a percentage of the gross value of probate assets, depending upon the law of the jurisdiction in which probate occurs and the wishes of the executor and beneficiaries. Most estate administration concludes within a year and some as early as 90 days after the initial conference with the client. All estate bookkeeping is performed within the firm, as part of the service provided by the firm. Additional charges are made for preparation of tax returns on behalf of the decedent and for representation of the estate in litigation arising during administration of the estate.

WILLS:
Great attention is devoted to drafting of wills to accomplish the intent of the client and secure appropriate distribution of assets in accordance with the wishes of the client. As part of the construction of the will, every effort is made to include provisions to keep tax liability to a minimum and provide for ease of administration for the client's personal representative responsible for concluding the client's affairs after death. Wills typically require the inclusion of trusts and the same are used as most advantageous to the client.

TRUSTS:
Almost all wills written within the firm for parents of minor children contain a trust for such children. The same permits the client to do for the beneficiaries through their selected trustee, as the client, if still living, would have done for the beneficiaries. Trusts enable a parent to control the spending of children through their early adult years to avoid inappropriate spending habits incident to youth and lack of investing sophistication and self-control. Many of the trusts which are drafted relate to funds being left for wives or husbands and to ensure that the same bear the least possible tax burden. Such trusts are not limited to matters after death, but include inter vivos or trusts created for use during the client's life. Living Trusts enable the client to manage their funds in a vehicle which avoids the expenses of probate and, in some circumstances, inheritance tax.

ESTATE PLANNING:
In describing the planning of estates, the firm does not limit itself by age or gender of client, as Estate Planning is appropriate for both husband and wife, young and old, and couples who wish to cause their most precious possessions and the most income to pass to their beneficiaries with as little tax as possible. Estate Planning includes making present day gifts, construction of a will, inclusion or elimination of trusts within the will or during a lifetime. Estate Planning also includes providing sufficient assets to meet medical needs and the delivery of instruction to physicians and others with respect to healthcare. Medical Directives (Living Wills) and Powers of Attorney, appointing persons to act for all matters of the client or matters limited to medical decisions are structured in accordance with the client's needs and wishes to prevent a loss of assets during catastrophic illness or injury prior to the end of life. Such documents are also calculated to eliminate the unforeseen expense of having a guardian appointed should the client be unable to voice or make decisions during portions of the client's life.

PROBATE LITIGATION:
By reason of the litigation focus and emphasis of the firm, matters requiring actions before the court are often undertaken by Mr. King and Ms. Guiddy. Actions must be filed to capture and recover assets that have been misappropriated by persons or beneficiaries while the client is incompetent or in a weakened mental state, unable to resist the directions and suggestions of those closest to the client. Lawsuits have also been necessary to contest or protect a will, which has been drafted for a client, who has fallen into disfavor with persons who think they should have something under the will or more than what they were given under the will. Litigation is also necessary against the government in order to recover assets, which may have been lost and taken over by the government or litigation must be undertaken to reduce or eliminate the claims of the government upon the estate for payment of taxes, both during life and after death. Sometimes probate litigation, is limited to petitions to the court for authority to sell assets or distribute assets so that persons that may have conflicting claims or interests may come forward and have the opportunity to enlist the court to hear their wishes or requests. Fees for probate litigation are typically charged by the hour and are a deductible expense to the estate.