Local Counsel and Co-Counsel Services

An estate planning attorney brings significant value to other legal fields through their specialized knowledge of estate laws, tax implications, and their holistic approach to asset protection and distribution. Their expertise can complement and enhance the services offered by attorneys in other areas of law, providing comprehensive solutions to clients’ needs. Here are some ways in which Bryan can add value to you and your clients:

  1. Family Lawyers: In divorce proceedings or custody disputes, Bryan can help revise wills, trusts, and beneficiary designations to reflect the new family dynamics. They ensure that assets are protected and distributed according to the client’s wishes post-divorce or separation.

  2. Real Estate Lawyers: Bryan can assist with the proper titling of real estate assets and advise on the best ways to hold property to achieve estate planning goals. This includes considerations for avoiding probate, minimizing estate taxes, and ensuring smooth transfer to heirs.

  3. Tax Lawyers & Planners: Bryan continues to work closely with tax attorneys to devise strategies that minimize the client’s estate, gift, and income tax liabilities. They offer advice on charitable giving, setting up trusts, and other tax-advantaged estate planning tools.

  4. Business Lawyers: Bryan can collaborate with you to ensure that your client’s business succession plans are in place, which are crucial for the smooth transition of business ownership and operations after the owner’s death or incapacitation.

  5. Elder Law Attorneys: Bryan often works in tandem with elder law attorneys to address issues like Medicaid planning, long-term care planning, and the establishment of guardianships or conservatorships, ensuring that clients’ later years are as secure and dignified as possible.

  6. Personal Injury Lawyers: Bryan can help personal injury attorneys by setting up special needs trusts for clients who receive large settlements, ensuring that these clients remain eligible for government benefits while preserving their settlement funds for future needs.

  7. Bankruptcy Lawyers: In cases of bankruptcy, Bryan can advise on how to protect assets from creditors, within legal limits, and how bankruptcy might affect future inheritance or estate plans.

  8. Criminal Lawyers: Though less directly connected, Bryan can assist criminal law attorneys by managing the estate and trust aspects for clients who may be facing incarceration, ensuring that their families and financial affairs are in order during their absence.

By collaborating with Bryan, lawyers in these and other legal fields can offer more comprehensive and strategic legal solutions to their clients, ensuring that all aspects of their clients’ financial and personal lives are addressed in a cohesive and effective manner.

We Assist Personal injury Attorneys

Bryan can assist personal injury attorneys in several ways, especially in cases where the client has passed away or the settlement proceeds need to be managed for the benefit of minors or incapacitated adults. Our collaboration can ensure the client’s interests are protected and legal requirements are met. Here are some ways in which I can assist:

  1. Estate Administration: If a personal injury claimant dies before a claim is resolved, Bryan can help by administering the estate, ensuring that the personal injury claim is properly managed as part of the decedent’s estate. This involves navigating the probate process to appoint a personal representative who can continue or initiate the personal injury claim on behalf of the estate.

  2. Establishing Conservatorships or Guardianships: In cases where the personal injury settlement is awarded to a minor or an incapacitated adult, Bryan can assist in establishing a conservatorship or guardianship. This legal arrangement allows a responsible adult (conservator or guardian) to manage the settlement proceeds for the benefit of the minor or incapacitated person.

  3. Structured Settlements: Bryan can provide advice on structured settlements, which are often used in personal injury cases to provide long-term financial security for the injured party or their beneficiaries. They can help structure the settlement in a way that considers the future needs of the beneficiaries, tax implications, and compliance with legal requirements.

  4. Trusts: Bryan can assist in creating trusts, such as a special needs trust, to manage the settlement proceeds. This can be particularly beneficial to preserve the beneficiary’s eligibility for government benefits while providing for their additional needs. Trusts can offer more flexibility and control over how the settlement funds are used compared to conservatorships or guardianships.

  5. Tax Implications: Bryan can advise on the tax implications of a personal injury settlement for the estate and its beneficiaries. This includes addressing any estate or inheritance tax issues and ensuring compliance with tax laws.

  6. Creditor Claims: In the event that the deceased had outstanding debts, Bryan can help navigate the claims of creditors against the estate, including how these claims may impact the distribution of a personal injury settlement.

Bryan can ensure that the legal and financial aspects of a personal injury settlement are handled efficiently and in the best interests of the deceased client or their beneficiaries.

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Estate planning and elder law issues in family cases

Estate planning issues in divorce cases are significant and require careful attention to ensure that the rights and wishes of both parties are protected both during and after the divorce process. The termination of a marriage necessitates a thorough review and often a complete overhaul of one’s estate plan to reflect the changed personal circumstances. Here are key estate planning issues that need to be addressed in divorce cases:

  1. Wills and Trusts: Divorce often requires updating wills and trusts to remove the former spouse as a beneficiary or executor/trustee. If not updated, your ex-spouse might still inherit your assets or have control over them upon your death, contrary to your current wishes.

  2. Beneficiary Designations: Many assets, such as life insurance policies, retirement accounts, and some bank accounts, are passed to beneficiaries outside of wills and trusts. It’s essential to update these designations to reflect your current wishes, as they might otherwise automatically go to your ex-spouse upon your death.

  3. Powers of Attorney: Both financial and healthcare powers of attorney should be reviewed and likely changed as part of a divorce. These legal documents grant someone the authority to make decisions on your behalf, and you may no longer want your ex-spouse to have these powers.

  4. Guardianship of Minor Children: If you have minor children, it’s crucial to reconsider who would be their guardian if something happens to you. While the other parent often assumes custody, you may want to specify preferences, especially if the other parent is deemed unfit or if both parents pass away simultaneously.

  5. Estate Tax Considerations: Your estate tax situation may change significantly after a divorce, especially if your estate plan included tax planning strategies based on being married. Revising your estate plan to address these changes is crucial to avoid unintended tax consequences.

  6. Marital Trusts: Any trusts established for the benefit of the spouse during the marriage, such as marital deduction trusts or QTIP trusts, should be reviewed and possibly dissolved or restructured based on the divorce settlement and current estate planning goals.

  7. Digital Assets: In the modern world, managing digital assets and online accounts after a divorce is increasingly important. Access to these assets, including social media accounts, digital wallets, and online banking, should be considered and managed appropriately.

  8. Business Interests: If you own a business, particularly with your spouse, divorce can complicate your estate planning. You’ll need to address business ownership, control, and succession planning in light of the divorce.

  9. Post-Divorce Settlement Obligations: Your estate plan should account for any ongoing obligations from the divorce settlement, such as alimony, maintenance, or support payments, and how these obligations are handled if you predecease the payment period.

Given the complexities involved, it’s advisable to work with a qualified estate planning attorney who can help navigate these issues and ensure your estate plan accurately reflects your current situation and wishes following a divorce.

Ancillary probate

Ancillary probate is a secondary probate proceeding required for a deceased person who owned real estate or tangible personal property in a state other than their state of domicile at the time of death. This process is necessary in addition to the primary probate proceeding that takes place in the decedent’s home state. Ancillary probate becomes necessary because real estate laws are state-specific, and a court in one state does not have jurisdiction over property in another state. The process ensures that the property in the other state is legally transferred to the rightful heirs or beneficiaries according to the decedent’s will (if there is one) or according to the intestacy laws of the state if there is no will. Ancillary probate can add complexity, time, and expense to the estate settlement process, but it’s essential for properly managing and distributing the decedent’s assets across different jurisdictions.