Frequently Asked Questions
Have questions? We have answers. Below are the most common inquiries about our law firm and the wide range of services we offer. Explore the topics below to find clear, concise answers to help you make informed decisions.
Asset Protection
Asset protection involves strategies and legal structures designed to safeguard your assets from potential creditors, lawsuits, and other claims. It helps ensure that your wealth is preserved for your benefit and that of your heirs.
Asset protection is important because it helps shield your personal and business assets from unforeseen legal and financial risks. This can include lawsuits, creditor claims, and other liabilities that could significantly impact your financial stability.
Common asset protection strategies include setting up trusts, forming limited liability companies (LLCs), transferring assets to family members, purchasing liability insurance, and using retirement accounts and homestead exemptions.
An asset protection trust (APT) is a type of irrevocable trust that is specifically designed to protect your assets from creditors. APTs can be domestic or offshore and offer varying degrees of protection depending on the jurisdiction and specific trust structure.
Forming an LLC can protect your personal assets by creating a legal separation between you and your business. This means that if your business is sued or incurs debt, your personal assets are generally protected from being used to satisfy business liabilities.
Yes, asset protection is a key component of estate planning. By safeguarding your assets from potential claims, you can ensure that more of your wealth is preserved for your heirs. Trusts, LLCs, and other asset protection tools can also help manage and distribute your estate according to your wishes.
It's best to start asset protection planning as early as possible, ideally before any claims or lawsuits arise. Once a claim is imminent or has already been filed, asset transfers may be deemed fraudulent, and protection strategies may be less effective.
While asset protection can significantly reduce your exposure to risks, it cannot prevent all potential threats. It's important to use a combination of legal strategies, insurance policies, and prudent financial management to minimize risks as much as possible.
Without asset protection, your personal and business assets are vulnerable to claims from creditors, lawsuits, and other financial liabilities. This can result in the loss of significant portions of your wealth, potentially impacting your financial security and that of your family.
To get started with asset protection planning, contact us to schedule a consultation. We will assess your current financial situation, identify potential risks, and develop a customized asset protection plan tailored to your specific needs and goals.
Estate Planning
Estate planning involves preparing for the management and distribution of your assets after your death or if you become incapacitated. It typically includes drafting wills, setting up trusts, and making arrangements for taxes and probate.
An estate plan ensures your assets are distributed according to your wishes, minimizes taxes and legal fees, and provides clear instructions for your care if you become incapacitated. It can also help avoid family disputes and ensure your loved ones are taken care of.
An estate plan may include a will, living trust, durable power of attorney, healthcare proxy, living will, and beneficiary designations. The specific documents you need depend on your individual circumstances and goals.
A will is a legal document that outlines how your assets will be distributed after your death. A trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries. Trusts can be used to avoid probate, provide for minor children, and manage assets during your lifetime.
You should review and update your estate plan every few years or whenever there is a significant life event, such as marriage, divorce, the birth of a child, or significant changes in your financial situation.
If you die without a will, your assets will be distributed according to state intestacy laws. This process may not align with your wishes and can lead to unnecessary legal complications and expenses.
Strategies to minimize estate taxes include setting up trusts, making charitable donations, and utilizing gift tax exclusions. An experienced estate planning attorney can help you develop a plan to reduce the tax burden on your estate.
Probate is the legal process of validating a will and distributing assets under court supervision. It can be time-consuming and costly. Probate can often be avoided by setting up trusts, designating beneficiaries on accounts, and owning property jointly.
Yes, you can and should make changes to your estate plan as needed. This includes updating documents to reflect changes in your family structure, financial situation, or personal wishes.
To get started with estate planning, contact us to schedule a consultation. We will discuss your goals, review your financial situation, and develop a comprehensive plan tailored to your needs.
Elder Law
Elder law focuses on the legal issues affecting older adults, including estate planning, long-term care planning, guardianship, Medicaid planning, and elder abuse.
An elder law attorney can help you navigate complex issues related to aging, such as planning for long-term care, protecting assets, ensuring eligibility for Medicaid, and addressing concerns about elder abuse or exploitation.
Long-term care planning involves preparing for future health care needs, including nursing home care, assisted living, and home health care. It aims to ensure you receive the care you need without depleting your assets.
Medicaid planning helps you structure your finances to qualify for Medicaid benefits while preserving as many assets as possible. This can involve creating trusts, reorganizing assets, and other legal strategies.
There are various strategies to protect your assets, including purchasing long-term care insurance, setting up irrevocable trusts, and taking advantage of Medicaid planning. An elder law attorney can guide you through the best options for your situation.
A power of attorney is a legal document that grants someone else the authority to make financial and legal decisions on your behalf if you become unable to do so. It is crucial for ensuring your affairs are managed according to your wishes.
When choosing a nursing home, consider factors such as the quality of care, staff-to-resident ratio, cleanliness, amenities, location, and reviews from residents and their families. Visiting the facility and speaking with staff can also provide valuable insights.
Guardianship is a legal process where a court appoints someone to make decisions for an individual who is unable to make decisions for themselves due to incapacity. It is necessary when there are no other legal arrangements, like a power of attorney, in place.
Preventing elder abuse involves being aware of the signs, such as unexplained injuries, sudden changes in financial situations, and withdrawal from normal activities. Regularly checking in with elderly loved ones and having legal protections in place can help prevent abuse.
To get started with elder law planning, contact us to schedule a consultation. We will discuss your needs, review your current situation, and develop a comprehensive plan tailored to your specific circumstances and goals.
Corporate Law
Corporate law governs the formation, operation, and dissolution of corporations. It covers a wide range of legal issues including mergers and acquisitions, corporate governance, compliance, contracts, and shareholder rights.
A corporate law attorney can assist with entity formation, drafting and reviewing contracts, ensuring regulatory compliance, advising on mergers and acquisitions, protecting intellectual property, and resolving disputes. Their expertise helps safeguard your business interests.
The choice of business entity (e.g., sole proprietorship, partnership, LLC, corporation) depends on various factors including liability protection, tax implications, management structure, and funding needs. An attorney can help determine the best structure for your business.
Forming a corporation typically involves choosing a business name, filing articles of incorporation, creating bylaws, issuing stock, and obtaining necessary licenses and permits. Legal guidance ensures compliance with state and federal laws.
Corporate governance refers to the system of rules, practices, and processes by which a company is directed and controlled. It includes the roles and responsibilities of the board of directors, management, and shareholders, as well as compliance with legal and regulatory requirements.
Mergers and acquisitions (M&A) involve the consolidation of companies or assets. The process includes due diligence, valuation, negotiation, and structuring of the deal. Legal expertise is crucial to navigate the complexities and ensure a successful transaction.
Ensuring compliance involves understanding and adhering to relevant local, state, and federal laws and industry-specific regulations. This may include employment laws, environmental regulations, securities laws, and more. Regular audits and legal consultations can help maintain compliance.
Key elements of a business contract include the offer, acceptance, consideration (value exchanged), mutual consent, capacity, and legality. Contracts should be clear, detailed, and legally sound to protect your interests and prevent disputes.
Protecting intellectual property (IP) involves registering trademarks, patents, and copyrights, using non-disclosure agreements (NDAs), and enforcing your IP rights. An attorney can help with registration, monitoring, and litigation if needed.
Business disputes can be handled through negotiation, mediation, arbitration, or litigation. The approach depends on the nature of the dispute and the desired outcome. Legal counsel can help determine the best strategy and represent your interests effectively.
Corporate Transparency Act
The Corporate Transparency Act (CTA) is a federal law aimed at increasing transparency in corporate ownership to combat money laundering, terrorist financing, and other illicit activities. It requires certain entities to disclose information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN).
The CTA applies to most corporations, limited liability companies (LLCs), and other similar entities formed in the U.S. or registered to do business in the U.S. Certain entities, such as publicly traded companies, banks, and large operating companies, are exempt from reporting.
Entities subject to the CTA must report identifying information about their beneficial owners, including full legal name, date of birth, current residential or business street address, and a unique identifying number from an acceptable identification document (e.g., passport, driver’s license).
A beneficial owner is any individual who, directly or indirectly, exercises substantial control over the entity or owns or controls at least 25% of the entity’s ownership interests. This includes individuals who have significant influence over important decisions within the company.
Existing entities have until January 1, 2025, to comply with the CTA’s reporting requirements. Entities formed or registered after January 1, 2024, must report their beneficial ownership information within 30 days of formation or registration.
Entities must update their beneficial ownership information with FinCEN within 30 days of any change, such as a change in ownership or control or a change in the information previously provided.
Non-compliance with the CTA can result in civil and criminal penalties, including fines up to $500 per day for each day the violation continues and potential imprisonment for individuals who knowingly provide false information or willfully fail to report.
The information reported under the CTA is stored in a secure, non-public database maintained by FinCEN. Access to this information is limited to authorized government authorities and financial institutions for specific regulatory and law enforcement purposes.
To ensure compliance with the CTA, entities should identify their beneficial owners, gather the required information, and file timely reports with FinCEN. Legal counsel can assist with understanding the requirements, preparing filings, and maintaining ongoing compliance.
If your business is affected by the CTA, start by identifying your beneficial owners and collecting the necessary information. Develop a system for monitoring and reporting changes in ownership. Consulting with an attorney can help ensure you meet all legal requirements and avoid penalties.
Crimnial Law
If you are arrested, it is crucial to remain calm and exercise your right to remain silent. Do not discuss your case with the police or anyone else until you have spoken with an attorney. Contact us as soon as possible to ensure your rights are protected.
Our criminal law practice handles a wide range of cases, including but not limited to DUI/DWI, drug offenses, assault, theft, domestic violence, and white-collar crimes. We provide experienced representation for both misdemeanors and felonies.
A criminal defense attorney can help you by providing knowledgeable legal advice, representing you in court, negotiating plea deals, and working to reduce or dismiss charges. Our goal is to protect your rights and achieve the best possible outcome for your case.
If you are charged with a crime, you have several important rights, including the right to remain silent, the right to an attorney, the right to a fair trial, and the right to confront witnesses against you. It is essential to have a skilled attorney to ensure these rights are upheld.
Misdemeanors are less serious offenses that typically result in lighter penalties, such as fines or short-term jail sentences. Felonies are more serious crimes that can result in longer prison sentences, larger fines, and other severe consequences. Our firm handles both types of cases with the utmost diligence.
Yes, we can help if you are falsely accused of a crime. We will thoroughly investigate the circumstances of your case, gather evidence, and work tirelessly to clear your name and protect your reputation.
For your initial consultation, bring any documents related to your case, such as arrest records, court documents, and any correspondence with law enforcement. This will help us understand the details of your situation and provide accurate legal advice.
Our fees are based on the complexity and specifics of each case. We offer a clear and transparent fee structure and will discuss all costs during your initial consultation. We also provide payment plans to ensure our services are accessible.
While we cannot guarantee a specific outcome, we promise to work diligently and aggressively to achieve the best possible result for your situation. Each case is unique, and we approach it with a tailored strategy based on our extensive experience.
You can contact us by phone, email, or through our website’s contact form. We offer 24/7 availability for emergency situations and aim to respond to all inquiries promptly.
Family Law
Family law encompasses legal matters related to family relationships, including divorce, child custody, child support, adoption, paternity, and domestic violence. It addresses both the emotional and legal aspects of family disputes.
A family law attorney helps clients navigate various family-related legal issues, including divorce proceedings, custody disputes, drafting prenuptial agreements, adoption, and obtaining restraining orders. They provide legal advice, negotiate settlements, and represent clients in court when necessary.
Grounds for divorce vary by state but commonly include irreconcilable differences, adultery, abandonment, cruelty, and felony conviction. Some states also allow for "no-fault" divorces, where neither party needs to prove fault.
Child custody is determined based on the best interests of the child, taking into account factors such as the child's relationship with each parent, the parents' ability to provide for the child's needs, and any history of abuse or neglect. Custody arrangements can be negotiated between parents or decided by a judge.
Child support is typically calculated based on state-specific guidelines that take into account factors such as each parent's income, the number of children, healthcare costs, and childcare expenses. Courts may deviate from the guidelines in certain circumstances.
A prenuptial agreement is a legal document that outlines how assets and debts will be divided in the event of divorce or death. It can also address issues such as spousal support and property distribution. Prenups are often used to protect assets acquired before marriage or to clarify financial expectations.
Adoption is the legal process of establishing a permanent parent-child relationship between individuals who are not biologically related. It typically involves a home study, background checks, legal filings, and court approval. There are different types of adoption, including domestic, international, and stepparent adoption.
Domestic violence includes physical, emotional, sexual, or economic abuse within a family or intimate relationship. It can be addressed through protective orders (restraining orders), counseling, support services, and legal action to ensure the safety of victims and hold perpetrators accountable.
In some cases, grandparents may seek visitation rights with their grandchildren, particularly if the parents are divorced, separated, or deceased. State laws vary regarding grandparents' rights, and courts consider factors such as the child's best interests and the relationship between the child and the grandparents.
To get started with family law assistance, contact us to schedule a consultation. We will discuss your situation, explain your rights and options, and develop a strategy to achieve your goals while protecting your interests and the well-being of your family.
Medicaid Planning
Medicaid planning involves the strategic arrangement of assets and income to qualify for Medicaid benefits while preserving assets for the individual and their heirs. It aims to address long-term care costs and ensure eligibility for Medicaid coverage.
Medicaid planning can benefit individuals and families facing significant long-term care costs, including nursing home care or in-home care. It may also be useful for those concerned about preserving assets for their heirs while ensuring access to necessary healthcare services.
Medicaid covers a range of healthcare services, including doctor visits, hospital care, prescription drugs, long-term care, and home health services. Coverage varies by state, and certain services may require prior authorization.
Medicaid eligibility is based on income and assets. To qualify, applicants must meet income and resource limits set by their state Medicaid program. Medicaid planning helps structure finances to meet these requirements while protecting assets for the individual and their family.
Medicaid spend-down refers to the process of reducing assets to meet Medicaid eligibility criteria. This may involve spending assets on medical expenses or using legal strategies to transfer assets in a manner consistent with Medicaid rules.
Yes, Medicaid planning is legal when done in accordance with state and federal laws. It involves utilizing legal strategies to structure assets and income to qualify for Medicaid benefits while ensuring compliance with eligibility rules.
Improper Medicaid planning can result in denial of benefits, penalties, and legal repercussions. It's essential to work with a knowledgeable attorney to ensure planning strategies comply with Medicaid rules and regulations.
Common legal tools used in Medicaid planning include trusts, annuities, gifting strategies, promissory notes, and asset conversion techniques. These tools help protect assets while achieving Medicaid eligibility.
While it's possible to research Medicaid planning strategies independently, working with an experienced attorney is highly recommended. An attorney can assess your unique situation, navigate complex Medicaid rules, and develop a customized plan to meet your needs.
To get started with Medicaid planning, contact us to schedule a consultation. We will review your financial situation, discuss your goals and concerns, and develop a comprehensive plan to help you qualify for Medicaid benefits while protecting your assets.
Real Estate Law
Real estate law governs legal issues related to property, including buying, selling, leasing, financing, zoning, land use, and property development. It encompasses a wide range of legal issues affecting both residential and commercial real estate transactions.
A real estate attorney helps protect your interests and ensure a smooth transaction when buying, selling, or leasing property. They review contracts, conduct due diligence, resolve disputes, and provide legal guidance throughout the real estate process.
Real estate attorneys provide a variety of services, including contract review and negotiation, title searches and examinations, document preparation, closing representation, resolving disputes, landlord-tenant matters, zoning and land use issues, and real estate litigation.
While not required in all states, having an attorney represent you at a real estate closing can provide valuable legal protection and peace of mind. An attorney can review closing documents, ensure legal compliance, and address any issues that arise during the closing process.
A title search is a process of examining public records to determine the history of ownership and any encumbrances (such as liens or easements) affecting a property. It helps ensure that the seller has clear title to the property and that there are no outstanding claims that could affect the buyer's ownership rights.
Real estate disputes can be resolved through negotiation, mediation, arbitration, or litigation, depending on the nature and severity of the issue. An experienced real estate attorney can help assess your options and pursue the most effective course of action to resolve the dispute.
Zoning and land use laws regulate how land can be used and developed within a specific jurisdiction. These laws determine where residential, commercial, industrial, and recreational activities can occur and often involve zoning ordinances, building codes, and environmental regulations.
Yes, real estate attorneys can assist with landlord-tenant issues such as lease drafting and negotiation, eviction proceedings, rent disputes, lease termination, and compliance with landlord-tenant laws and regulations.
If you discover defects in a property after purchase, you may have legal recourse depending on the nature of the defects and any warranties or representations made by the seller. Consult with a real estate attorney to understand your rights and options for seeking remedies.
To get started with real estate legal assistance, contact us to schedule a consultation. We will discuss your real estate needs and concerns, review any relevant documents, and provide tailored legal advice and representation to protect your interests.
Let Us Help You Plan for the Future
If you’re facing legal issues related to aging or want to plan for the future, don’t wait to seek legal help. Contact us today to schedule a free consultation with one of our experienced elder law attorneys. Together, we’ll work towards securing a brighter and more secure future for you and your loved ones.