Estate Planning OLD

Estate Planning & Settlement

We represent clients whose primary concern is their family and children, as well as those who have other various goals concerning the disposition of their assets after death. All of them,however, seek to pass on the maximum amount of assets they have accumulated, to either heirs, loved ones, specific charities or other designated recipients. One of the prime issues in this endeavor is minimizing the amount of taxes they will owe upon death. Our clients also seek to direct end-of- life medical decisions, establish potential guardians for their children and to name those who shall manage their assets should they become incapable. We often encounter situations involving life insurance, retirement plans, annuities, “joint” assets, trusts and other “non-probate” assets, as well as health issues, medically necessary living arrangements and other needs which not only require effective planning directives, but also astute settlement of their estates.

Greedy relatives…Weak economy…Government bureaucracy…An aging population…“Do it yourself” estate planning documents… “Entitlement generation” children helping themselves to their parents’ assets…These are all factors causing a surge in legal disputes in this area of people’s lives. These realities have heightened the need for effective estate planning and estate settlement. The firm’s litigation foundation not only provides a distinctive perspective in the planning phase, but also an advantageous capability when disputes arise.

We begin the estate planning process for each client by taking the time to understand them, their situation in life, the scope of their estate, the dynamics of their family, if any, and what the client seeks to achieve. We then draft customized plans that express our client’s goals and ambitions efficiently and effectively.

Estate Planning is for Everyone, Not Just the Wealthy

You don’t need to have millions of dollars in assets to benefit from estate planning. Good estate planning can benefit anyone by giving them more control over distribution of their assets, minimizing loss to unnecessary costs and taxes, and preparing in advance for health care needs. Wills, living wills, advance health care directives, powers of attorney, insurance policies, and accounts with beneficiary designations are estate planning tools that anyone can benefit from and use to leave more for family, loved ones, charities and others. Many people are also surprised to learn they can benefit from somewhat sophisticated planning techniques using trusts and business entities, such as LLCs, S corporations and others, even though they don’t consider themselves wealthy. We design these solutions in a manner that makes sense to you and with a strategy that you are confident in.We would be pleased to meet and discuss the many planning options available considering your particular circumstances and wishes.

The Estate Settlement Process

In Connecticut, the affairs of a deceased person are handled by the Probate Court for the district in which the person resided at the time of his or her death. The Court has jurisdiction over all the personal and real property owned by that person at the time of their death, whether they had a will drafted or not.

Dying without a will is called “intestate”, and when this occurs, state laws determine how property will be distributed amongst your heirs. If you do not leave a will, your personal wishes about how to distribute your property will not be considered, such as leaving assets to friends, caregivers, charities and the like.  This often leads to disputes concerning who should ultimately receive your assets, and in some cases, costly and time-consuming litigation ensues.

The probate court determines whether a will submitted to probate is valid and admissible. It will later supervise the accounting for the assets owned by you at death, the appraisal of those assets, the payment of debts and taxes, and finally, the distribution of the remaining assets. These are the primary services we provide our clients when settling an estate. If appropriate estate planning documents are drafted, estate settlement is usually a relatively short process.  If you have either not done any estate planning, or planned incorrectly, it can be more difficult and take more time. We initially assist clients in guiding them through the settlement process. It is a legal process involving the probate court, along with gathering financial assets, utilizing specific accounting procedures, calculating and paying debts and taxes, and finally making proper distributions.  We assist clients in opening the probate process, the drafting and filing of required documents with both the Probate Court and Tax Agencies, and working through the system to ensure a proper resolution of the decedent’s assets.