Trusts And Estates

Comprehensive Estate Planning Legal Services

Estate planning includes drafting wills and trusts, but encompasses so much more. It puts the creator of the estate plan in the decision-making role, rather than leaving it to the state to decide how assets will someday be distributed. Careful estate planning may also protect your hard-earned assets from unnecessary estate taxes, nursing home expenses and legal fees related to will contests or address the needs of a child with special needs.

Estate planning is not only about what happens to property after death. It also has to do with making decisions to protect your quality of life and independence in your later years. Our estate planning attorneys help clients make clear determinations related to health care in the event of future physical or mental incapacity. By naming someone agent under power of attorney or naming a healthcare proxy now you can be confident that someone you trust will act for you if you cannot act for yourself.

Our success at Kommer, Bave & Ollman LLP in developing estate plans results from our comprehensive approach to our clients’ needs. Our services go beyond the mere drafting of a will or life insurance trust or other documents. Many clients come to us unsure of what they need related to finances, healthcare issues, and family needs. We help them decide where assets will be directed and how to account for any unique requirements. For example, a special needs trust can provide support for a disabled child without jeopardizing governmental benefits such as Medicaid and Social Security Income. A spendthrift trust may prevent an unreliable child or relative from spending the money he or she receives quickly or unwisely. We also address issues related to long term care needs such as long term care insurance and Medicaid planning.

Representing Clients in Estate and Trust Administration

Kommer, Bave & Ollman LLP represents fiduciaries in the administration of estates and trusts. Fiduciaries have significant responsibilities including probating a Will or bringing an administration proceeding, identifying and marshalling assets, filing federal and state estate tax returns and fiduciary income tax returns and preparing accountings and settling estates. It is our goal to fully advise and counsel the fiduciaries as to these obligations and responsibilities and support them in fulfilling them.

Estate and Trust Litigation

Kommer, Bave & Ollman LLP represents clients (fiduciaries and beneficiaries) in Surrogate’s Court proceedings such as contested probate and accounting proceedings, removal and appointment of fiduciaries, wrongful death compromises and kinship proceedings.