Estate planning is the process by which an individual or family arranges the transfer of assets in anticipation of death. An estate plan aims to preserve the maximum amount of wealth possible for the intended beneficiaries and flexibility for the individual prior to death.
The tax lawyers at Fitzwater Meyer Hollis & Marmion, LLP are ready and able to assist individual and business clients with various tax controversy issues involving the IRS Oregon Department of Revenue and other taxing authorities. We handle cases involving income tax estate and inheritance taxes employment taxes property taxes innocent spouse defenses and collection matters.
Elder Law is a specialized area of law that involves representing counseling and assisting seniors and their families in connection with a variety of legal issues from estate planning to long term care issues with an emphasis on promoting the highest quality of life for the individual.
A Special Needs Trust is a planning tool to benefit people who receive government benefits. This type of trust preserves eligibility for government benefits and establishes a separate fund that can pay for things over and above basic needs that improve the beneficiary´s quality of life.
The Medicaid program is the largest source of payment for long-term care in Oregon. Medicaid is a joint Federal and State program. Medicaid covers the full range of long-term care services, including skilled, intermediate and custodial care, adult foster home, and in-home services.
A legal guardian is a person appointed by the court who has the legal authority (and the corresponding duty) to care for the personal interests of another person called a protected person. Usually a guardian is appointed when the protected person is incapable of caring for his or her own interests due to minority incapacity or disability.
A conservator has authority over the income and assets of a protected person. A conservator is appointed by the courts when a person is incapable of caring for his or her own financial interests due to minority, incapacity, or disability.
Probate is the court process to determine who receives assets owned by someone who has died. The court appoints a personal representative (or executor) to take charge of the estate pay all debts taxes and ultimately distributes the remaining assets to the heirs according to the decedents Will or, if none, according to the intestate law.
Trust Administration is the term for that which occurs after the death or incapacity of the settlor (who is the person who created the trust). There are certain steps that must be taken to comply with state law to preserve the federal estate tax exclusion amount and to change title to assets. The complexity of the administration depends on the number type and total value of their assets and whether the trust includes tax planning provisions.
Probate litigation involves the laws codes and statues that preside over wills, trusts, guardianships, conservatorships, and elder abuse claims. A lot of probate matters are resolved without requiring legal action but when complications or requests for contest arise the matter is often decided in court.
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