Practice Areas

Estate Planning
Probate
Trust Administration
Conservatorships

Other Services include:
Elder Abuse
Estate Dispute Mediator
Document Review and Update
Speaking Engagements

Estate Planning
Professional and caring legal service is the hallmark of the Estate Planning section of Adams & Hayes Law. Discussing and preparing an estate distribution plan can be stressful and difficult. This is particularly true for blended families with children from previous marriages, and for families with loved ones who have disabilities.

Adams & Hayes Law assists clients in formalizing their distribution wishes using various legal instruments, for example, Living Trusts and Wills. We conduct in-depth fact finding in order to counsel clients on their distribution wishes and then draft tailor-made plans for their unique situation.

The following list defines and provides a brief description of the more common Estate Planning tools.

Wills: A person's written declaration of how to distribute their property after his or her death.

Living Trusts: Trusts are now commonly used to transfer property on death which may avoid the cost and time of a probate proceeding. A Trust is a right (contract) of property (real and/or personal) held by one party for the benefit of another.

Retirement Benefits Gifting: Resulting from the Pension Protection Act of 2006, new alternatives are available to holders of IRAs, 401Ks, and other retirement benefits. Individuals with substantial assets in these instruments can use the law to direct distribution of these asset balances upon death.

Legacy Planning: Also known as Charitable Gifting. Legacy Planning provides the opportunity to individuals to gift to charities, foundations and other non-profits. There are many ways to structure charitable gifting and individuals may wish to consider options for Charitable Gifting in their estate plan.

Health Care Directive: This document allows you to make instructions about your own health care and also allows you to name an agent to make health care decisions if you are unable. It also lets you express your wishes regarding organ donation and the designation of your primary physician.

Durable Powers of Attorney: A document by which one person, as principal, appoints another as his/her agent and confers upon the agent the authority to handle the financial affairs of the principal, if the principal is incapacitated.

Business Succession Planning: The process of identifying the needs and strategies to continue a business in the event of the death of a business owner or major shareholder. The act of creating the tools and legal documents which provide for a smooth transition in the event of a business owner’s death.

Probate
A Probate is a court proceeding where the assets of a deceased person are distributed to the beneficiaries under the supervision of the Probate Court. A Probate proceeding is necessary to transfer real and personal property of a deceased person who has either made a distribution plan using a Will or has died without a Will. Depending upon the nature of the assets the number of beneficiaries and the general condition of the estate, a Probate can take up to 24 months to close and incurs costs for both the executor and legal fees.

Adams & Hayes Law professionals are experienced in helping clients through the Probate process.

Trust Administration
Trust Administration is performed by Successor Trustee and is the task of carrying out the distribution instructions of a Trust upon the death of a Trustor. Adams & Hayes Law employs a team approach to Trust Administration. For many people, administering a Trust is something they will only do once in a lifetime. Trust Administration, depending on the distribution wishes, the types of assets, and the current law, can be time consuming, complex, and costly.

During an initial consultation, the client together with the attorney determines which tasks the client will perform and which tasks are better performed by a legal professional.

This collaborative process provides for an expedient and cost effective administration of Trust estates.

Conservatorships
In a conservatorship of a person, a court appointed fiduciary, the conservator, manages the personal care of the person who cannot properly care for his/her personal needs including medical care, food, clothing, or shelter. In a conservatorship of the estate, a court appointed conservator manages the financial affairs of a person who is substantially unable to manage his/her own financial resources, to resist fraud or undue influence.

Other Services

Elder Abuse: The physical or financial abuse of a person over age sixty five. Financial Elder Abuse is the number one crime against seniors and the least reported.

Estate Dispute Mediator: A skilled and experienced professional who uses the mediation method, (outside of a courtroom setting) and acts as a neutral to facilitate dispute resolution.

"Discourage Litigation. Persuade your neighbors to compromise when you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough."
~ Abraham Lincoln