Our Practice Areas
Estate Planning
At Vitale Law, we provide a higher level of attention with respect to estate planning and estate administration. We understand the importance of a well-established estate plan that meets each individual’s needs. A properly designed estate plan should include a Will and often a Trust, tailored to meet all of your estate planning goals. Those documents should be prepared upon consideration of each individual’s unique circumstances to take maximum advantage of the benefits available under the law.
Generally, a well-established estate plan will include additional foundational estate planning documents, including a General Durable Power of Attorney, a Health Care Power of Attorney, and a Living Will. Such additional documents, if properly designed, should compliment the Will and Trust and facilitate the smooth administration of your estate and management of your health care decisions to the extent the law allows.
Fiduciary Appointments
A sound estate plan should include the nomination of carefully selected fiduciaries and successor fiduciaries as appropriate, such as Trustee(s), a Personal Representative (ie, an Executor), a Power of Attorney, a Health Care Representative, and successors for each such named fiduciary. The selection of a fiduciary is an important decision. There are many factors that should be considered in the selection of a fiduciary. Proper planning in advance will increase the likelihood of a smooth administration of the estate in the future when the need for such a fiduciary should arise. This important decision should be made after a full discussion of all factors with an experienced estate and trust attorney.
Probate and Trust Administration
Fiduciary guidance is available through Vitale Law and should be considered at the outset of acceptance of any fiduciary appointment. Ideally, a fiduciary should consult with an independent attorney in advance of accepting an appointment to gain full knowledge of the legal requirements that the particular role will entail. In addition to the estate planning documents, the Probate and Trust Codes impose obligations and responsibilities that a fiduciary must meet. Awareness is crucial to the faithful administration of those fiduciary duties.
Guardianships & Conservatorships
Guardianship is a legal relationship that is established by the courts between a fiduciary known as a guardian and a person who has been deemed “incapacitated” in order to protect such person who lacks sufficient ability to understand and make decisions regarding their personal care and health. A guardian is appointed by the court and accepts the duties to make such personal care and health decisions on behalf of the protected person. Unless waived by the court, a report with respect to the protected person’s condition must be filed annually.
Conservatorship, on the other hand, relates to the legal relationship between a fiduciary known as a conservator and a like protected person, where the conservator is charged with managing the finances and protecting the assets of a protected person. A conservator has a duty to file an annual accounting with respect to management of the protected person’s financial affairs, unless waived by the court.
The role of a guardian or conservator can be limited in nature, or it can be general covering more broad areas of decision-making, depending on the extent of the protected person’s level of capacity.
If you have a loved one who requires assistance with decision-making due to diminished capacity, you may wish to consult an experienced attorney who can discuss options available to you. Whether you may be looking to establish an initial guardianship or an initial conservatorship or you may be looking for guidance in preparing an annual report on behalf of a protected person, Vitale Law offers diligent legal services to help you accomplish those tasks effectively and efficiently.
Start protecting your estate, today.
LEGAL DISCLAIMER: By requesting a consultation, such action does not create an attorney-client relationship or a prospective attorney-client relationship, and your communication will not be protected by the Rules of Professional Conduct that govern confidentiality unless and until both of the following events occur: (1) a conflict check is run by Vitale Law, PLLC that results in no conflict under the Rules of Professional Conduct, and (2) your consultation request is accepted by Vitale Law, PLLC.