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Divorce and Family Law: Our divorce and family law practice includes all issues, financial and child related, which arise between married and unmarried couples. This is a challenging area of law that is intensely personal. Clients involved in family law disputes need both personal and professional support through difficult times that are extremely emotional, yet require calm, thorough and balanced decision-making. We have the ability to handle all of your family law needs, from the precise management of a complex marital property dispute to the sensitive advocacy required in an emotionally exhausting child custody proceeding.
We represent clients in the following areas of family law:
- Alimony
- Child support calculation and/or modification
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- Divorce
- Domestic abuse
- Property division
- Paternity
- Prenuptial agreements
- Post-nuptial agreements
- Cohabitation agreements
- Relocation disputes
- Post-divorce and modification matters
- Contribution toward college expenses
- Grandparent visitation
- Visitation and custodial issues (MA)
- Parental rights and responsibilities (NH)
DIVORCE AND COLLABORATIVE DIVORCE LAW
Divorce is the legal process by which the Court terminates your civil marriage. It is an emotional experience that alters your life. If children are involved you may have serious concerns about custody and visitation. The life you are accustomed to living will be changing.
You have several options which will, to a great degree, dictate the path of your divorce. These options include litigation and Alternative Dispute Resolution including collaborative law. Collaborative law, also known as the Collaborative Dispute Resolution Process, is a method whereby the parties agree to resolve their disputes without court intervention. Collaborative law allows the collaborative attorneys for both of the parties and the clients to resolve the conflict using cooperative strategies rather than adversarial techniques and litigation. Collaborative divorce clients choose specially trained collaborative divorce lawyers who are committed to a negotiated settlement. Clients agree in advance not to go to court except for obtaining the divorce judgment in an uncontested proceeding. Negotiations are conducted primarily in private meetings with clients and attorneys in the room. Full disclosure, equity, creativity, peacefulness and privacy are the hallmarks of this process.
Sometimes litigation is the only option. The traditional litigation model is used in high conflict family law matters, where domestic abuse has occurred or where one party refuses to provide full disclosure of financial matters. This process is expensive and results in the loss of privacy and control.
Our goal is to ensure that each client's best interests are protected as we guide them through all family law issues while maintaining a sense of control, and to help their family obtain closure in a peaceful and respectful way.
Elder and Medicaid Planning: As an elder law practice, we focus on the legal needs of the retired community, and utilize a variety of legal tools and techniques to meet the goals and objectives of the older client.
With a holistic approach, we handle general estate planning issues and counsel clients about planning for incapacity. We also assist the client in planning for possible long-term care needs, including nursing home care. Locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the client's right to quality care are all part of our elder law practice.
The substantial cost of nursing home care for an incapacitated person can eliminate a family's savings and the inheritance planned for surviving family members. Studies have shown that one-third of married couples with one spouse in a nursing home will be destitute within 13 weeks. Half will be impoverished in one year. It is even worse for those who are single. For the elderly, 81% of all health care expenses are long-term health care costs.
Studies show that we stand a forty percent chance of needing long-term care at least once before we die. Therefore, everyone should take into account that, at some point, residency in a nursing home or an assisted living facility may be needed. Medicaid planning is essential.
Therefore, it is not surprising that over the years, our clients have expressed a number of major concerns about how to adequately plan for potential incapacity and the impact of their incapacity on their life savings and Medicaid benefits. But there is no need to leave your questions unanswered any longer. People are living longer these days and the importance of making certain they don't outlive their money has never before been the type of challenge it is today. The truth about long-term care assistance and educating clients about the Medicaid rules is a high priority.
The Deficit Reduction Act of 2005 (DRA) passed Congress in February 2006. Since that time, all states have been developing and implementing its regulations. The new regulations further limit an individual's ability to preserve their assets, and plan for possible long-term care expenses. As an eldercare practice, we remain committed to sharing law changes and providing assistance to you and your loved ones.
Major changes which now affect all of our clients and families include, but are not limited to:
1. Restrictions on the amount of equity in the primary residence;
2. The look back period has been expanded from three to five years with
further restrictions on gifting during the five-year look back;
3. New Hampshire life estates are now subject to estate recovery and all clients
who have life estates should now carefully review their estate plan and
asset preservation concerns; and
4. Previously executed Medicaid qualifying trusts may no longer be compliant.
Some long-term care planning options, such as annuities, with some modifications, remain valid and available planning tools. Long-term care insurance is a favored planning solution for healthy retired people under the Deficit Reduction Act.
The message is clear: retired individuals must engage in long-term care planning or risk losing their assets and remaining subject to estate recovery in the event that they require long-term care assistance. It is our goal to empower the senior community to take control of their finances and their future while maintaining the dignity and privacy that they deserve.
Estate Planning: Estate planning begins with an examination of your personal objectives while "issue spotting" many potential pitfalls. A well-drafted estate plan ensures that your estate passes to whom you want, when you want, and is carried out in the manner you've chosen. With proper planning, your family won't have to endure the public process and costly matter of probate. The government won't be able to take what you've spent a lifetime building. But you need to be aware of the many options that exist in estate planning. A solid estate plan may include the following documents.
"Last Will and Testament"
Your will states how your real and personal property will be disposed of after your death, and which appoints an executor to manage the estate and a guardian for minor children.
"Durable Power of Attorney for Financial Matters (DPA)"
Your DPA is a document whereby you designate another as your attorney-in-fact and the writing contains words evidencing your intent that the authority conferred is exercisable notwithstanding your disability or incapacity. A DPA is extremely important. Without a DPA, the court must be petitioned to establish a guardianship in the event of someone's passing.
- "Healthcare Proxy" (HCP in Massachusetts)
OR
- "Advance Directive" (AD in New Hampshire)
Your HCP or AD is document that permits you to delegate to an agent all powers or rights you may have with respect to your own health care treatment and decision-making in the event you are unable to make these decisions.
"Living Will"
Your living will is a document that expresses an individual's desire to refuse extraordinary medical treatment by artificial or mechanical means. In New Hampshire, a living will is included in the advanced directive.
"Nominee Realty Trust/Grantor Trust"
A nominee realty trust is a revocable trust that can own real property, and provides anonymity for the true owners of the property as well as an easy mechanism for transferring ownership without the need to change title in the property. It will also avoid probate. A nominee realty trust is commonly used with out-of-state property. Unfortunately, it will not provide any protection in the event that nursing home care is required.
"Credit Shelter Trust"
A credit shelter trust holds the portion of the estate designated to use the unified credit of the first spouse to die and to bypass the estate of the surviving spouse. In short, it saves death taxes for taxable estates.
"Irrevocable Life Insurance Trust"
An irrevocable life insurance trust provides a source of funds to handle an estate's liquidity needs without subjecting the proceeds to estate taxation. This trust is commonly used whenever a person owns or is acquiring life insurnace with a sizable death benefit.
"Irrevocable Medicaid Trust"
An irrevocable Medicaid trust can be used in Medicaid planning. The trust holds assets for a senior while providing the right to income from the assets during that senior's life. It may be used to own the homestead. The house will then be protected from nursing home expenses and eventually passed to the children with a stepped-up basis. As with all Medicaid planning options, there are downsides as well. Before conveying any asset to an irrevocable Medicaid trust, careful consideration of all the "pros and cons" must be made.
"Minor's Trust"
Minor's trusts are frequently used in estate plans for families with young children or in the divorce context. The trust funds the children's health, education, comfort, maintenance and support in the event of the parent's passing.
An estate plan is essential; if you do not have an estate plan, things you would probably prefer to decide for yourself will be decided for you by statute, the court, or a court appointed guardian or conservator. You should decide the following questions:
- Who would manage your finances if you become unable to do so yourself?
- Who would make health care decisions for you if you are unable to do so yourself?
- Would you prefer to die a natural death or be kept artificially alive?
- Who would be the guardian of your minor children?
- Who would administer your estate after your death?
- Who would inherit your property upon your death?
These are just a few of the many matters you can control with the right estate planning documents. Without an estate plan, these and other important decisions will be made by courts, legal statutes, or individuals who may not be the people you would have selected. These may be some of the most important decisions in your life. They can affect you if you become disabled, and affect your loved ones after your death.
Proper estate planning can also avoid unnecessary probate and legal fees, and can save taxes in larger estates. In cases where Medicaid or other incapacity planning may be needed in the future, the right estate plan can save a lifetime of hard-earned assets from being unnecessarily spent on nursing homes and other medical care. Trusts, wills, and financial and medical powers of attorney can be important parts of an effective “integrated” estate plan.
Simply put, we help families gain control over their medical and financial future while assuring the highest level of privacy and respect.
Probate Administration: The emotions associated with losing a loved one can make it difficult to deal with any legal matter that may result from their death. The court-supervised probate process is lengthy and can be frustrating, confusing and expensive.
Probate is a formal legal process by which ownership of the property of a person who has died is passed to their heirs. It may involve the distribution under the provisions of a will, or, if the decedent died without a will, “intestate” proceedings where the law determines the beneficiaries. The individual appointed by the court to manage the estate during probate is usually known either as an “executor of the will” or an “administrator of the estate.” During the estate’s administrative phase, the decedent’s property will be gathered, inventoried, and appraised. Property will be maintained and invested as needed, or sold, and the estate debts will be settled. Required legal notices will be given and the beneficiaries and heirs will be determined. Tax returns will be filed as needed, and any taxes due will be paid. Disputes, if any, will be resolved. Ultimately, at the end of the probate process, the property is passed on to the decedent’s heirs free from any claims of third parties or creditors.
Probate assets that pass through estate administration generally consist of solely owned assets; that is assets that are held solely in the name of the deceased. Non-probate assets are usually held in a form that will pass title to others after your death by operation of law or contract. This includes joint ownership of assets or assets where a beneficiary can be named, such as life insurance, IRAs, pension plans, etc. The assets transferred to living trusts prior to death are also not subject to probate, but are controlled by the trust agreement. Be careful: even non-probate assets may still be subject to estate taxes.
The Executor (or "Executrix", if female) must take control of the decedent's assets and be accountable for the management and distribution of the estate. The duties of the personal representative are: to collect and preserve the assets of the estate; to pay debts of the decedent and expenses of administration; and finally to distribute the rest of the estate to those people designated under the will to receive bequests. 
We assist clients in navigating the confusing probate process while ensuring integrity and that the wishes of the deceased loved one are honored.
Business and Corporate Law: We help clients and their businesses throughout the formation, growth, and evolution as general corporate counsel. As an interdisciplinary practice and team approach, we offer counsel, advocacy, documentation, and negotiation for a variety of transactions.
When issues arise requiring specific legal expertise or litigation, we assist the client in retaining those professionals with the required experience to resolve the dilemma.
We strive to bring a constructive and an imaginative outlook to business transactions, believing that clients require solutions, not just legal analyses of their problems.
Personal Injury: Many people, including attorneys, regard auto accident litigation as a simple, open and shut type of case. In some situations, that may be true. In cases involving substantial injuries with questionable insurance coverage limits, however, it becomes much more. We explore every avenue of recovery.
If you have been seriously injured in an accident involving a car, motorcycle, or bicycle, an experienced car accident attorney will open every possible area of investigation to recover for your injuries.
What to do if you are injured in a car accident:
 Obtain insurance information of other drivers. - Call the police.
- Obtain contact information of any witnesses.
- Seek immediate medical treatment.
- Consult an attorney before giving a recorded statement or signing
- a release for an insurance company.
If you have been injured in an automobile accident, or have lost someone to a fatal mishap, you may be entitled to recover monetary damages from those responsible. To succeed in a claim against another driver, it is necessary to show that he or she was negligent, that is, failed to act reasonably and in a manner which respects the safety of other drivers. Litigation is intended to restore the injured person to the position he or she would have been in had the accident never occurred. While money can never compensate adequately for serious personal injury or death, an innocent party is entitled to just and fair damages to compensate so far as is possible for their injury, losses, and pain and suffering.
Common auto accident injuries include whiplash, head, brain injury, neck injury, back injuries, paralysis, and joint, bone, and muscle injuries. Auto accident victims should seek medical attention as soon as possible if they believe they are injured. Auto accident claims for damages resulting from injuries usually depend on medical records linking the auto accident to the injuries received. It is important to remember that insurance is first and foremost a business, so what is best for you is generally not in the insurance company’s best interest. Backed by a team of adjusters, investigators and attorneys, the insurance company’s objective is to minimize the amount of money that they pay. You should protect yourself and your rights with an attorney.
If you are an accident victim, you may be too overwhelmed by physical and emotional trauma to even think about your rights, responsibilities and the future. We listen to every person's concerns and fears while compassionately guiding them through the difficult settlement process while ensuring privacy and respect.
General Practice: We represent families as they grow, change and age. Each client and family has unique perspectives, goals, values and ideas. Our greatest professional joy comes from gaining the confidence of a family as they bestow us with the honor of serving as their attorneys during the many diverse legal and planning issues which confront them. When professionals with specific expertise are required, we assist in locating these professionals to ensure that the best "professional team" surrounds each client. |
