Probate & Administration
When a person dies, with or without a Last Will, their estate must be administered. Estate administration is the process of winding up a person's financial affairs and distributing their assets after death. What is involved in estate administration? How long will it take? What happens if there is no will? Kelly Law Offices LLC can answer these and other questions regarding estate administration.
Wills & Trusts
A Last Will & Testament is a legal document that directs how you want your affairs and property managed and distributed after you die. A trust is a fiduciary arrangement whereby the person establishing funding the trust (also called a "Grantor") gives his Trustee the right to hold and manage assets according to specific terms. This type of planning can be of particular benefit for clients who have loved ones with special needs. Wills & Trusts are often used in tandem to effectuate a client's wishes. Due to the variety and complexity of Wills & Trusts, many people prefer to have them prepared by a qualified attorney.
Supplemental Needs & Long Term Care Planning
Planning ahead for the possibility of long-term care gives clients time to learn about services available to them and what those services are expected to cost. This type of planning also allows clients to make important decisions about their care while they are still able to do so.
Powers of Attorney
Power of attorney (POA) is a legal document giving authorization to a designated person (often referred to as an "agent" or "attorney-in-fact"), to act for another person, generally called the "principal". Powers of attorney are especially useful in situations where a person is unable to mange his/her financial affairs or property after an injury or illness. The power can be general or limited.
Estate litigation refers to court proceedings that are intended to resolve disputes about the assets of a person who has died. Litigation can arise where a disgruntled heir seeks to have a will amended or declared void. This can happen where the deceased person was mentally incapable of making the will or where a beneficiary exerted undue influence over that person. Often, this type of litigation involves cases where someone interfered with the assets of a vulnerable person prior to their death. Proper planning can dramatically reduce the potential for estate litigation. However, for clients who find themselves facing these costly disputes, Kelly Law Offices LLC can be a valuable advocate.
The cost of nursing care can be devastating for many families. For applicants who qualify, the government will provide some assistance toward the cost of long-term care through the Medicaid program. For clients who engage in proactive planning, Kelly Law Offices LLC may be able to help protect and preserve family wealth so that it does not become dissipated to pay for the cost of long-term care.
Estate & Inheritance Tax
The Estate Tax is a tax on your right to transfer property at death. Generally speaking, this tax applies to wealthier families. By contrast, many states have an Inheritance Tax that is based on who specifically will receive, or has received, a decedent’s assets, and how much each beneficiary is entitled to receive. Proper planning can reduce or possibly eliminate such tax liability.
Elder law addresses the needs of an aging population. This practice area covers estate planning, wills, trusts, arrangements for medical care, planning for grandchildren, social security and retirement benefits, protection against elder abuse (physical, emotional and financial), retirement planning, and funding for assisted living or long-term care.
A guardian is a person who is legally authorized to act on behalf of a minor or an incapacitated adult to assure that the person’s health, safety, and welfare needs are met and that his or her rights are protected. Guardianships can be of a limited or general nature, depending on circumstances. Kelly Law Offices regularly assists clients who seek to become appointed as the Guardian of a friend or family member in need of such protection.