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Probate Litigation – When Is it Worth it to Challenge a Last Will and Testament?

If you are considering challenging the probate of a last will and testament, there are several factors to consider.

May 29, 2024
First Party Supplemental Needs Trusts

A first party supplemental needs trust, also known as a special needs trust, is established with the disabled beneficiary’s own funds, usually from a lawsuit settlement or inheritance, to avoid becoming ineligible for a needs-based government benefit.

May 31, 2020
Differently Abled Person Tax Exemption

While the beginning of the year is typically tax season, it is important to remember that property tax exemptions can be applied for at this time. There are different programs that homeowners should be aware of in order to potentially save with respect to property taxes.

February 7, 2020
Article 81 Guardianship for Seniors with Dementia

An Article 81 Guardianship proceeding may be needed if a senior suffering from dementia did not engage in estate planning and no longer has the capacity to do so. It is important to note that just because someone is diagnosed with dementia does not automatically mean that they do not have the capacity to execute the advance directives needed to designate a trusted friend or family member to help manage their personal and financial needs.

December 21, 2019
Planning for a Family Member with Special Needs

Caring for a loved one with special needs during your life may be one of the most important jobs you have, but it is equally important to continue to care for your loved after you are gone. Since so many disabled individuals receive some kind of government benefits, it is imperative to ensure that these benefits continue, even if they receive an inheritance.

November 30, 2019
What Is the ABLE Act?

In December 2014 the federal government passed a law known as the ABLE Act. This law allows family members of a disabled person to create an account that is exempt from federal income tax to be used for certain “qualified expenses” related to the person’s disability.

October 17, 2019
Estate Planning and Supplemental Needs Trust

When planning for the differently-abled, the use of Supplemental Needs Trusts as part of your estate planning will ensure that you have provided protections for those with special needs and disabilities. When considering your estate planning it is important to consider any beneficiaries who may have special needs or disabilities.

August 12, 2019
Article 17A Guardianship

Question: My daughter is 18 years old and is developmentally disabled. She is unable to make medical decisions for herself and cannot handle her own finances. A social worker suggested that I apply for an Article 17A Guardianship. What is an Article 17A Guardianship and is this advisable?

August 1, 2019
Contested Guardianship

Question (About a Contested Guardianship): I received Court papers that say that my brother is trying to take control of my mother’s finances and make medical decisions for her. I have been taking care of my mother for years and my brother is estranged from me and my mother. What should I do?

July 10, 2019
Do Not Disinherit a Disabled Child

Many families (erroneously) disinherit a disabled child, believing that this is in the child’s best interest and instead leave assets to other family members so that they can care for the disabled individual. Even with the best of intentions, circumstances may arise in their lives that could directly affect their ability to provide for a disabled family member.

June 20, 2019
How a Legal Guardian Can Help Prevent Elder Abuse

Question: I have an elderly aunt. I’m embarrassed to say that I only visit once every few months. I recently learned that she has a caretaker that has moved into her house and, I suspect, taking money from my aunt. When I asked my aunt about it she got angry. What can I do to protect her?

May 1, 2019

Our Blog

Thought Leadership

Estate planning is all about preparation and ensuring that your assets are distributed in line with your wishes. It’s a comfort knowing your loved ones will be cared for just as you intend. However, life’s unpredictability sometimes throws a curveball. What if a beneficiary becomes disabled after you’ve finalized your estate plan?

September 8, 2023 Read Article