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Practice Areas

Estate Planning

Estate planning can be a daunting task, but without a comprehensive plan, the state will decide how to distribute your assets when you're gone.Planning often requires more than just a Last Will and Testament. A functional and complete estate plan will consist of documents that will allow for complete control of your estate during your lifetime, any unfortunate incapacity you may endure and ultimately an organized transfer of assets according to your wishes. Estate planning is all about the future and a plan to protect your loved ones. My goal is to get to know you and understand your family so that I can accurately draft your wishes into a document. Many firms view estate planning as a transaction, I view it as an opportunity to develop a relationship.

Nobody likes to think about death, but it's an inevitable part of life. Estate planning is the process of preparing for your inevitable passing and ensuring your assets are distributed according to your wishes, rather than the state's default rules. While estate planning is often viewed as a task for the wealthy or elderly, everyone can benefit from having a plan in place. Here's what you need to know to get started.

Kids Protection Planning

A full Kids Protection Plan® includes naming guardians for the short-term, giving instructions to your legally named long-term and short-term guardians, giving instructions to your caregiver, and documenting exactly how you would want your children raised if anything happens to you. Every parent should have these foundational legal documents in place to ensure your kids will be raised by people you choose, whether you become incapacitated or die suddenly.

Nuptial Agreements and Contracts

People are getting married later in life, sometimes for a second or third time. As a result, many come to a marriage with established wealth and/or assets that they wish to preserve and protect for their descendants. Unfortunately, divorce is rather common, and protecting your hard-earned wealth may be important to you. Pre and post-nuptial agreements are very common and I can help counsel you through these delicate situations. I can also draft separation and property settlement agreements that would be useful when a relationship is about to end.

While prenuptial agreements aren't the most romantic part of wedding planning, they can provide peace of mind and prevent future legal battles. Marriage is a beautiful thing, but it's also a legally binding contract. If you're getting married, preparing for the potential end of that contract may be the last thing on your mind. However, while nobody likes to contemplate divorce or separation, the reality is that almost half of all marriages end that way. Prenuptial agreements can provide a degree of protection and clarity in the event of a future split, but they can also be tricky to navigate.

Asset Protection

Blended families are a fact of life. Proper planning can ensure your assets and wealth are transferred to your respective loved ones. A good plan can protect your beneficiaries from predators and creditors as well as poor choices. Small businesses need a succession plan. Thinking through and planning for what will happen when the founder(s) want to retire or have deceased unexpectedly can ensure continuity of operations or prepare for a sale.

Small Business Formation

Are you looking to start a new small business? Looking to form a C or S corporation, a Limited Liability Company (LLC), or possibly a professional or business partnership. There are a number of filings with the state as well as corporate governance documents that will need to be drafted. Multi-member LLCs will require provisions in the Article of Organization that provide protection for members as well as explicitly stipulate exit strategies. Have you had a business for a while and need to reorganize it or transition to a different form of business entity? I can help with that too. Too many small businesses do not have the necessary corporate paperwork in place. Yearly meetings, operating agreements, ownership interests, capital accounts, distributions, etc. All need to be documented for a number of reasons. IRS audits, inquiries from shareholders, lawsuits, and possible sales of the company will go much smoother if your business decisions are well documented. Even if you have been operating for years, I can help create the paperwork necessary.

Choosing the right business structure can have a big impact on your taxes, legal liability, and day-to-day operations. I can help you evaluate and compare the various options for small business formation, including sole proprietorship, LLCs, partnerships, and corporations, and provide guidance on how to select the best structure for your new business.

Employment Agreements

If you have found yourself in a situation where you need an individual employment contract or agreement, I can help review or draft one for you. Is there an NDA or non-compete agreement that needs to be drafted or reviewed? Many small businesses download these off the internet and more often than not this is not a "one size fits all" situation. I can offer a customized solution that will be specific to your business or employment situation.

Probate and Trust Administration

Probate and Trust Administration is the process of administering the probate or trust estate of a deceased individual. It involves filing probate documents with the probate court, gathering assets from the deceased individual's estate, paying off debts and taxes as applicable, and distributing remaining assets to beneficiaries. Probate and trust administration also includes overseeing any relevant proceedings such as probating a will or determining if it is necessary to establish a guardianship for an incapacitated person.

The probate process begins when an individual dies leaving behind assets that require probate court supervision. When probate is necessary, a personal representative (also known as executor) must be appointed by the probate court to take charge of the probate estate. The personal representative will be responsible for notifying creditors, identifying and locating assets, collecting income owed to the deceased, paying bills and taxes, accounting for disbursements made from the estate funds, filing documents with the probate court throughout the process, reporting information to beneficiaries regarding their rights in relation to the decedent's probate estate and distributing any remaining assets to heirs or other beneficiaries in accordance with applicable laws.

When it comes to administering trusts instead of probates, many of these same duties exist; however additional paperwork filing is not generally required with trusts since they do not have to go through probate. Nonetheless there may be similar activities involved such as identifying trust assets, collecting income due on trust assets, preserving trust property until it can be distributed according to terms of the trust document and ensuring that both state law governing trusts are followed as well as all applicable federal tax laws pertaining to trusts are observed.

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