Trusts and Estates Law

The firm’s Trusts and Estates Group includes attorneys well-versed in a wide variety of legal issues relating to planning and administration of estates. Our representation includes providing advice and preparing documents that will effectuate the client’s intentions as to the disposition of his or her property upon death. For high-wealth individuals, we prepare documents designed to eliminate or minimize as far as possible the imposition of estate and death taxes, which can seriously erode the value of the assets which the client wishes to pass on to his or her family. Our services also include preparing documents for the business owner, which are designed to effectuate the efficient transfer of the business and its control to the next generation, while minimizing taxes.

Our estate planning advice is comprehensive. In addition to preparing wills and trusts, we also prepare documents which are designed to assist with managing the client’s assets and health care during life.Our estate planning advice is comprehensive. In addition to preparing wills and trusts, we also prepare documents which are designed to assist with managing the client’s assets and health care during life. These include documents such as powers of attorney and lifetime trusts for property management, declarations of homestead to protect a person’s home from claims of creditors, and health care proxies by which a person can authoritatively state his or her wishes about end-of-life health care and, within that framework, nominate another to make health care decisions in case of incapacity. In addition, when the need arises, we can secure the appointment of a legal guardian or conservator by the Probate Court for the protection of an incapacitated person and his or her property.

Our estate services include obtaining the allowance of wills and the appointment of executors and administrators in the Probate Court. We handle all aspects of estate administration, including preparing and filing inventories and accounts in the Probate Court, preparing for the executor or administrator the estate’s income and estate tax returns, selling real and personal property, and advising with respect to payment of creditors and distribution of estate assets to the estate beneficiaries. In cases where a trust is to take effect upon an individual’s death, we advise with respect to funding and all aspects of administration of the trust. Partners in our Trusts and Estates Group are experienced in serving as executors, trustees, guardians and conservators and can serve in any of these roles if requested by the client. Our tax services also include preparation of annual income tax returns for clients.

We also handle related trust and estate litigation. This includes litigation concerning the validity or interpretation of wills and trusts, the proper person to be appointed as executor of a will, administrator of an estate, trustee of a trust, or guardian or conservator for an incapacitated person. We also handle litigation in state and federal courts involving income and estate tax issues.