Estates, Wills & Trusts Planning Attorney
The attorneys at Spesia & Taylor possess comprehensive knowledge and experience in all aspects of estate planning.
Christian G. Spesia and Bradley S. McCann have years of experience drafting and implementing basic and complex estate plans that are specifically tailored to the desires of each individual client, minimize estate and income tax to the estate, and avoid probate when warranted. In addition, these attorneys have worked extensively with clients in the administration of their estates and trusts upon the death or incapacity of the testator or settlor.
The attorneys at Spesia & Taylor remain committed to their ongoing legal education in estate planning and regularly attend estate planning seminars, presentations, and workshops, as well as giving presentations to local groups.
Drafting an Estate Plan
For our attorneys, drafting an estate plan is not a simple matter of listing and disposing of assets; when you retain one of our attorneys to assist with your estate planning you can be sure that they will review your current assets and then craft a unique plan that is specifically designed to accomplish your goals with as little tax liability as possible.
The estate planning attorneys at Spesia & Taylor have extensive experience in creating and implementing uncomplicated estate plans through various vehicles such as:
- Declarations of Trust
- Powers of Attorney for Health Care
- Powers of Attorney for Property
- Medicaid planning for the preservation of assets
In addition, the estate planning attorneys at Spesia & Taylor also have the necessary understanding and experience to create and implement complex planning tools for estate, gift and generation tax planning through the use of various vehicles such as:
- Irrevocable Insurance Trusts
- Charitable Remainder Trusts
- Charitable Lead Trusts
- Private Foundations
- Private Annuities
- Other Tax-Exempt Entities
- Self-Cancelling Installment Notes
- Heritage Trusts
Decedent’s Probate Estates
The attorneys at Spesia & Taylor have represented Testate (Will) and Intestate (no Will) Estates through all phases of probate and administration of the Estate. This includes the preparation of inventories, accountings, sale of real and personal property, and the final distribution to the heirs or legatees.
The attorneys at Spesia & Taylor have also worked with heirs and legatees in asserting their rights to contested estates. A representative case includes the successful prosecution of a multi-million-dollar oral contract to create a will in both the circuit and appellate courts.
Minor’s Guardianship Probate Estates
The attorneys at Spesia & Taylor have worked with family members in the Probate Division to secure their appointment as the Guardian of the Estate and Person of a minor in order for that family member to have the authority to act on the minor’s behalf. This representation included contested litigation in guardianship proceedings.
Disabled Adult’s Guardianship Probate Estates
The attorneys for Spesia & Taylor have represented parents in the Probate Division to secure their appointment as the Guardians of the Estate and/or Person of their disabled adult child. In addition, our attorneys have worked with children or other family members, often in contested proceedings, seeking to be appointed as the Guardian of the Estate and/or Person for a parent who has become disabled due to lack of capacity.
Special Needs Trusts (including OBRA Payback Trusts)
Bradley S. McCann regularly drafts Special Needs Trusts for disabled persons so that the disabled person may become or continue to be eligible for state and/or federal aid while preserving assets that have been or may be inherited by that disabled person from a parent, grandparent or sibling. These trust funds may then be used for the benefit of the disabled person to supplement any state and federal aid benefits he or she receives. These trusts are created within state and federal statutes and IRS guidelines to preserve any assets of a disabled person that may qualify for trust protection while allowing that disabled person to continue to be eligible for state and/or federal aid.