Will, Trusts & Estates
It's never too early to start thinking about estate planning and what to do with your property during your lifetime. A will does many things. You can name who the guardian will be for your underaged children. It disposes of property that is in your name alone at the time you die and which does not pass to someone automatically or by law.
Examples of property passing to someone automatically are accounts which are payable on death to a person or persons, life insurance payable to a named beneficiary, or real estate or personal property owned as joint tenants with the right of survivorship. A will is an important document to have, but not the only one people should think about.
Whether you want someone to act on your behalf while you are alive and make financial or medical decisions for you are also important matters to consider and discuss. Health care proxies with instructions, powers of attorney, and trusts are some of the documents that are useful and necessary, depending on your goals and what you want to accomplish.
If you'd like to start planning for what's going to happen to your assets when you die and what to do with your assets during your lifetime, but are not sure where to begin, we can help you navigate the process. We can explain your options, clarifying their advantages and disadvantages, and figure out a course of action that's specific to you and your situation.
Elder Law
People are concerned about losing their hard earned assets to the costs of nursing home care. There are three ways to pay for a nursing home:
1. Nursing Home Insurance, with policy details governing how much and for how long the insurance company will pay for skilled care nursing home expenses.
2. Personal Assets, should they exceed the limits allowed by medicaid for nursing home expenses.
3. Medicaid, once your assets are below the amount allowed to be in your name. Medicaid has many rules that govern eligibility for nursing home benefits; among these are rules about uncompensated transfers (gifts).
People have options, but planning can be difficult since we don't have crystal balls and don't know what will happen in the future. It is important for people to understand their options with their corresponding advantages and disadvantages. We will take the time to go over your situation with you and give you the best advice we can.
Real Estate Law
Whether you are selling or buying a home or other parcel of real estate, it is important to receive advice at each step of the process in order to know your rights and options. Many purchase contracts contain what is often called "boiler plate" language, which means it is commonly used in the particular area. However, different realtors use different forms for their purchase offers or contracts and the realtor's role does not involve providing legal advice.
Although there are certain duties typically performed by the seller and buyer in a transaction, most contract provisions are negotiable. It is important to know what your options are. An attorney is the one person in the transaction whose duty it is to advise the buyer or seller about those matters.
A bank or lender's attorney represents the lender in the transaction. The lender's interest and the buyers' interest overlap, but not completely, so there are matters that a lender may not care about, but a buyer should. There are many other matters involved in real estate law which cannot be covered by a brief overview such as this. Contact our office for an appointment to review your real estate issues and questions.
Criminal Law
We provide defense for traffic tickets to more serious offenses of misdemeanors and felonies in state and federal courts. Our defense services include advice at each step in the criminal justice process, starting from the time you are questioned or are aware someone thinks you might be involved in a criminal matter, through court proceedings, should they materialize.
If you are stopped or questioned by authorities such as law enforcement/police officers, school personnel, or social services representatives, it is important to know your rights under the law and obtain the advice of an attorney as early as possible. Your legal rights could potentially be in jeopardy should you speak/provide information to such authorities without an attorney present.
Anything you say can and will be used against you. Even if you think you are helping yourself, many times you are doing the opposite. You have the right to not be a witness against yourself, which means not answer questions. You have the right to speak with an attorney, and once you make that request, all questioning of you must stop. Then you can consult with an attorney before deciding whether or not to speak to the afore-mentioned authorities. Contact us; we'll do whatever we can to protect your rights.
