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Practice
Areas
[Estate
Planning] [Business Succession] [Probate
& Estate Administration]
[Elder Law & Medicaid/Medical] [Conservatorship/Guardianship]
[Asset Protection]
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Estate
Planning (Living Trusts, Wills, etc.)
Mr. Miller has many years of experience in
designing and implementing a comprehensive variety of wills, trusts and
other estate planning documents, using strategies appropriate to each
situation -- from the basic to the most complex. He advises clients of
the options available to them in the planning process, and makes
recommendations based on each client's needs. In addition to addressing
the complex tax and asset protection issues, he also assists clients
with the important practical and emotional aspects of the estate
planning process.
While every individual, regardless of the value
of his or her assets needs certain basic estate planning documents, such
as a Will and Powers of Attorney, both for property management in the
event of disability or old age and for health care matters, the needs
and opportunities for planning go far beyond the basics.
Coordination of insurance and employee benefits, education funding for
children and grandchildren, and the shifting of value from one
generation to the other with little or no current or future transfer tax
(estate and gift tax) are often the most important, and most overlooked,
aspects of estate planning.
When appropriate, Mr. Miller is particularly
well suited to advise his clients upon the intricate nature of estate
and gift taxation, asset protection planning (whether from future
creditors or unfortunate marriages), and asset management protection
(for the time when we are no longer able to manage our assets without
assistance).
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Business
Succession
Mr. Miller works with many owners of
privately-held businesses. For these clients, the estate planning
process focuses on maximizing economic and intrinsic value for all
generations.
Services may include:
» Development of tax-efficient strategies for ownership
transfer;
» Advice regarding the sale or retention of the
business;
» Strategies to minimize the impact of a transition on
the business; and
» Planning to ensure harmonious long-term family
relationships.
As a result,
clients can be assured that their business, which frequently represents
their life's work and wealth, will be transferred in a sensible,
tax-efficient and equitable manner.
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Probate
& Estate Administration
Estate Administration is the legal process by
which a person's debts are paid and assets distributed upon death.
Estate administration includes the probate process as well as the
administration of trusts and other non-probate transfers to ensure the
estate is distributed appropriately and with a minimum of tax impact.
Services may include:
» Probate of wills, collection of decedent's assets,
payment of debts, calculation and payment of estate taxes, trust
funding and asset distribution;
» Advice to minimize estate and income taxes for the
estate and its beneficiaries;
» Advice regarding timing and structure of sale or
disposition of estate assets, to include business interests; and
» Preparation of Federal and State “Estate Tax”
returns, which are required for all estates over a certain exemption
amount (see Estate Tax),
which is $1.5 million in 2005 (generally including life insurance).
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Elder
Law and Medi-Cal/Medicaid
Elder Law encompasses all aspects of planning,
counseling, educating, and advocating for the senior client concerning
illness, incapacity and death.
There are three major categories that make up elder
law:
- Estate planning and administration, including tax
questions;
- Medicaid, disability and other long-term care
issues; and
- Guardianship, conservatorship and commitment
matters,
including fiduciary administration.
Services May Include:
» Health and Personal Care Planning
(including advance medical directives
and living wills);
» Pre-Mortem Legal Planning (wills and
trusts);
» Fiduciary Representation (including
guardianship, trustees
and personal representatives);
» Legal Capacity Counseling (advising how
capacity is determined and
the level of capacity required for various legal
activities);
» Individual Representation (of those who
care or who may be the
subject of guardianship or conservatorship
procedures);
» Housing Counseling (reviewing options and
financing of options
such as mortgage alternatives, life care contracts and
home equity conversion);
» Income, Estate and Gift Tax Advice;
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Conservatorship/Guardianships
A
conservatorship is a court proceeding to appoint a manager for the
financial affairs or the personal care of a person who is either
physically or mentally unable to handle either or both.
When Might a Conservatorship be
Needed?
- When you know a person who needs
someone to protect them from neglect, financial abuse and isolation,
- When an individual has no family
and is not able to completely manage their own affairs,
- When an individual has family and
wishes not to burden them regarding assistance,
- When relatives/friends are busy
with their own lives and need assistance for the care of a loved
one.
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Asset Protection
Asset protection is
generally considered to be the area of the law in which one plans to
shelter his assets from future lawsuits, divorce, and creditors.
Many of our clients are also concerned about their
children/beneficiaries losing their inheritance in a divorce or to a car
accident lawsuit or malpractice claim. They are relieved to know
that we also offer advice and guidance on the protection of their
children/beneficiaries' inheritances from their own creditors, divorces,
or child's/beneficiary's own financial indiscretions. In the case
of your children/beneficiaries, this planning is not limited to future
problems but could also cover existing creditors. Since there can
be a fine line between legal asset protection and criminal behavior, it
is imperative that planning take place at the earliest opportunity.
Services May Include:
» Counseling with the repositioning of
assets;
» The setting up of Trusts, partnerships,
or other entities;
» The use of off-shore Trusts as well as
those based in the United States;
» Trusts within your own Living Trust for
the protection of your children/beneficiaries.
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