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Trusts & Estates

The McCarthy Fingar Team

McCarthy Fingar maintains a reputation as a leader in the Trusts and Estates field, representing individuals, families and corporate fiduciaries in tax and financial planning, estate and trust administration and estate and trust litigation. In estate planning, our lawyers make and implement recommendations to our clients to ensure the orderly transfer of a client's assets to succeeding generations with the least overall tax impact. In estate and trust administration, we perform tax and non tax legal services that permits an executor or trustee to make distributions from an estate or trust at the earliest and best time. In estate and trust litigation, our lawyers develop and implement litigation strategies to help our clients succeed.

Estate Planning - Simple or Complex

Whether a client requires the simplest of planning - such as a basic plan, that would include a Will or Revocable Trust Agreement, a Durable Power of Attorney form and a Living Will and Health Care Proxy, or a more complex plan in order, to avoid different types of taxes, our lawyers will help our clients ensure that their clients intentions are carried out. Sometimes, we find that, for select clients, our expertise and experience in Exempt Organizations and Charitable Gift Planning, permits us to develop innovative charitable giving strategies that can minimize taxes for clients making split gifts to benefit both family members and a designated charity. Our lawyers are also experienced with Asset Protection Planning strategies.

Succession Planning for Businesses

For clients who are owners of family businesses, our Trusts and Estates attorneys, in coordination with the firm's Corporate & General Business and Taxation Practice Areas, provide specialized estate and tax planning assistance in the creation, structure, capitalization, management, financing, and continuation or sale of their enterprises. Frequently, successful estate planning employs the use of Limited Liability Companies and/or Family Limited Partnerships as a component of an integrated gift planning recommendation.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are of increasing importance to clients and their families. Often, our Trusts and Estates attorneys work with the attorneys who practice in Matrimonial & Family Law in preparing and counseling clients as to such agreements.

Medicaid Planning

Frequently, although not always in the context of estate planning, our attorneys offer elder law counseling for our senior clients who wish to protect their assets in the event that they enter a nursing home or require community medical assistance. In developing options for medicaid planning, our lawyers are aware that the client and his or her family are usually overwhelmed with many unpleasant options for dealing with long-term care. Our lawyers are also know that medicaid planning should be part of a client's overall estate plan, and that there are gifting strategies in medicaid planningthat could, under certain scenarios, be inconsistent with the objective of avoiding or minimizing taxes.

Estate and Trust Administration

McCarthy Fingar is staffed and equipped to handle all aspects of the administration of an estate or trust commencing with the initial probate proceedings or the funding of a trust through final distribution of estate and/or trust assets. Computerized records are maintained for executors, trustees, and guardians, enabling clients to perform their roles as fiduciaries effectively and efficiently. Software for estate, gift, and income tax analysis assists our attorneys and paralegals in developing tax planning recommendations for our clients. Such software also insures accurate and cost-effective preparation of federal and state estate, gift and fiduciary income tax returns. Fill-in-the-blank Federal tax forms, are available at the IRS web site. New York State tax forms are also available.

McCarthy Fingar's Leadership in the Community

McCarthy Fingar's Trusts & Estates lawyers are often in the news and are frequent lecturers on trusts and estates topics. Click at news to see what our lawyers in the Trusts & Estates group are doing. Click at publications to see the different professional written materials of our Trusts & Estates attorneys. Click at speaking engagements to see some of their different speaking engagements.

Contact Us

McCarthy Fingar's Trusts and Estates lawyers are dedicated to our clients' success. If you think you may require our assistance or have any questions, please contact Gail M. Boggio by email (gboggio@mccarthyfingar.com) or phone (914-385-1026) or Howell Bramson by email (hbramson@mccarthyfingar.com) or by phone (914-385-1017) or Frank W. Streng by email (fstreng@mccarthyfingar.com) or phone (914-385-1022).