Estate Administration, Litigation and Tax Planning

Protecting Your Legacy with A Comprehensive Estate Plan

At DeAngelus Group, PLLC, we strive to provide our clients with a comprehensive estate plan that will continue to work for them after they have passed. We consider this a delicate yet necessary concern, and our New York and Florida probate attorneys remain committed to providing caring, holistic assistance.

When a person passes on, there is often much that must be done to settle their affairs and carry out their final wishes. A will may need to be probated, assets transferred, bills paid, and so much more. We know that the time following a person’s death can be emotional for family members and friends. The executor or trustee may be undertaking an unfamiliar duty. We also understand that, sometimes, issues may arise. The experienced attorneys and support staff of our estate administration team are ready to assist.

Guiding Clients Through Estate Administration

Our attorneys have been fortunate to represent individuals and corporations as executors, administrators and trustees, and beneficiaries. The estate and trust administration department strives to bring the right balance of compassion, professionalism, and skill to our work so that each administration is handled as smoothly and expeditiously as possible.

Over many years of practice, we have developed a full-service approach to this area. We will guide the fiduciary client and represent their interests at each stage of administration, from probate or administration proceedings, account proceedings, and other interim proceedings. We guide the fiduciary in the identification and successful transfer of assets to beneficiaries and in the proper discharge of debts. We prepare the documents necessary to close the estate and discharge the fiduciary, either informally through a written agreement with the beneficiaries or formally with the production and judicial settlement of a final accounting.

Assisting Clients with Tax-Related Estate Matters

Unlike many law firms that offer estate and trust administration services, DeAngelus Group, PLLC, is also fully capable of preparing the estate tax returns, fiduciary income tax returns, and gift tax returns for estates we work on. We believe that through our intimate understanding of the legal and tax aspects of administration, we provide a unique and comprehensive service to the fiduciaries we represent.

ESTATE LITIGATION

Obtaining Favorable Resolutions for Estate Disputes

The goal of estate planning is to prevent disputes. However, even the strongest estate plan can be contested. At DeAngelus Group, PLLC, we provide legal guidance to families facing estate litigation. Our extensive experience in estate matters and transactional law allows us to find creative solutions to challenging estate disputes.

Challenging A Will

Families facing estate disputes are often in highly volatile emotional states. Our attorneys navigate these situations by holding estate executors accountable when there is evidence of wrongdoing, or by defending the fiduciary’s rights when he or she is challenged by a beneficiary.

If a beneficiary wishes to challenge the validity of a Will, he or she must have a legitimate basis for doing so. Grounds for contesting a will include:

• Undue influence: An individual is guilty of exerting “undue influence” over a loved one when he or she manipulates the testator into making a will or amending one to benefit the individual.
• Incapacity: If a will was written when the testator was not of sound mind, the will may be declared invalid.
• Fraud: Other types of fraud may render the will invalid.
• Duress: If there is reason to believe that the will was created while the testator was under duress, it is possible to bring a will contest.

Our attorneys carefully examine all available evidence to determine whether there are grounds for a will contest.

Preserving The Value of Estates

Because long, drawn-out disputes can significantly erode the value of an estate, we take steps to preserve the estate by ensuring that the process of resolving the dispute is efficient. Our attorneys take every necessary step to achieve the best possible result for our clients.

GIFT TAX PLANNING

Taking Advantage of Gift Tax Planning

As part of a comprehensive estate plan, you should consider the use of gifts. Federal estate tax allows for many options to be generous to your heirs, but like most tax laws, there are complex rules and sometimes competing elements that make it important to review each move considering your complete estate plan.

Our attorneys at DeAngelus Group, PLLC, can help you determine the most effective planning strategies to employ to achieve your specific goals, whether wealth preservation, tax avoidance, Medicaid planning or business succession.

Can You Make Gifts to A Trust?

If your gift is made to a trust, the gift tax exemption may or may not apply, and you need to understand this element. Our attorneys can explain the technical aspects of these gifts and help to ensure that there are no unpleasant surprises for your estate plan.

Keep Your Estate Plan Up to Date

Gift tax exclusions are currently indexed for inflation, and this means that they will retain their usefulness for estate and tax planning, but because these amounts will likely change every few years, it is important that you regularly update your estate plan and your strategies.

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To learn how our experienced attorneys can help you, please contact us online or call our office at 518-631-6400