Estate Planning and Litigation Services
"I make it my personal mission to consider the needs of the “whole client,” from the initial estate planning stages to estate administration and litigation. I bring superior expertise and deep regard for my clients through my estate administration services."
Some Services Offered by Pecarsky Law
Bringing you peace of mind.
Most people think putting together an estate plan is something that is only necessary for the elderly. The fact is if you have a family that is relying on you it is very important to begin planning as soon as you can. This will ensure your loved ones are protected should something unforeseen should happen to you. An estate plan is a comprehensive set of documents that specifies your wishes both before and after your death. In addition to your Last Will and Testament, your plan can name a financial and healthcare power of attorney to act on your behalf in the event you are unable to make decisions, specify guardianship for your children, set up trusts, and appoint an administrator to manage your estate.
Pecarsky Law specializes in estate planning and will help you prepare the necessary documents required to assure your personal assets will be managed in the manner in which you intended. Delaying jeopardizes having control over the distribution of your wealth in the event you are no longer able to do so yourself. Typically an estate plan’s documents include the following:
- The Advanced Health Care Directive
- Power of Attorney for Asset Management
- HIPAA Release Form
- A Will
- A Living Trust
Estate planning will assure your assets are used as you intended and that your loved ones will be cared for. Our services can address other areas of concern as well, such as charitable donations, or business succession to an heir.
- Wealth preservation planning
- Charitable donations
- Avoiding Probate litigation
- tax planning
- Providing for Minor Children
- Planning for Death Taxes
- Planning for new ownership and management of a business
What if no Will is left behind?
When no Will has been left behind the court will appoint an estate administrator. The administrator will have the ability to settle all debts, pay any necessary taxes and funeral expenses and then distribute the remainder of the remaining assets. In these situations there can be any number of disputes brought forth by the potential beneficiaries. Pecarsky Law has the experience and expertise to navigate through such situations.
When an estate is challenged
Having a well-constructed estate plan is the best way to avoid estate litigation; even then litigation is sometimes necessary. When there is only a simple Will or no Will at all, litigation is extremely likely, because any claim against the estate, regardless of how small, could result in legal action.
In the case of estate litigation you will need an estate attorney who is experienced in in all areas of these proceedings which includes but is not limited to ...
- Probate Litigation
- When a loved on passes away a number of disputes can arise over their Will and what is to be done with their remaining assets. It’s possible that there could be a disagreement over the distributions of some of the assets or you may discover that no Will was made at all. In these circumstances when you find the heirs in disagreement, and relationships being tested it is important to have a professional litigator with the proper experience who can ensure the appropriate care is given to honor the deceased’s final wishes.
- Claims by and against Executors, Administrators, Trustees and Beneficiaries
Frequently a family member or friend is named the executor of a Will, which can work with a simple Will, however most estates are legally complex and can be emotionally difficult to deal with, especially when dealing with family members.
Often a beneficiary will believe that they are entitled to more than they are intended to receive. These situations will quite often result in repeated questioning, disputed claims or decisions that were made by the appointed Executors, Administrators and/or Trustees. Sheri Pecarsky’s experience in litigating these matters has helped numerous families resolve these issues quickly and to get back to their everyday lives.
While these are very common issues, there are many others that can arise upon the death of a loved one. The proper attorney will be necessary to help you address these potential areas of contention.
- Asset valuation disputes
- Breach of buy/sell agreements
- Disputes of fiduciary claims
- Federal and state tax disputes
- Undue influence claims
- Business Valuation disputes
- Guardianship issues
- Challenges of different investments
- Disagreements with power of attorney
- Disputes involving foundations and charities