The Estate Planning and Litigation Practice Group is chaired by Jordan S. Jackson whose background includes the study of American Elder Law at the University of Oxford, U.K. Ms. Jackson comes from a family heavily involved in commercial and residential real estate and is personally aware of the necessity for proper planning for both effective asset administration during the testator’s life and for the far reaching effects after the testator’s death. We understand that discussing your final wishes may be uncomfortable. That, however, does not make it any less important to have your will or trust, and other incapacity documents in place.
Once our loved ones are gone, we turn to the documents they have left to determine their final wishes. Sometimes, however, despite their best efforts to be clear and helpful, disputes arise over the estate plan in place. When our clients are involved in such a dispute, our first goal is to amicably resolve the disagreement by presenting various options. However, it sometimes becomes necessary to petition the court to determine the final wishes of the deceased, to obtain guidance for the fiduciary, or to enforce the provisions of the testamentary documents. We represent clients needing fiduciary guidance, will contests, and determination of beneficiary rights.
In some circumstances, a will contest is necessary. It is generally very difficult to have a will thrown out or a gift invalidated. However, if the testator was unduly influenced or lacked the legal capacity to execute documents, a Will Contest may be proper.
A personal representative or trustee of an estate may have personal liability if they fail to properly and timely discharge their fiduciary obligations. We help client determine what those obligations are, work through the probate process, and assist when it isn’t possible to fulfill their duties.
Additionally, it is increasingly common for people to find themselves faced with family members needing long term care, which may jeopardize financial security for the remaining family. We help lift this financial burden by assisting individuals in obtaining and/or maintaining public benefits such as Medicaid. By helping clients shift the burden of the cost of care, we ensure the ailing individual receives the care he or she needs and deserves and prevent financial hardship for the remaining family members.