- Divorce
- Premarital AgreementLike a Revocable Trust, prenuptial and postnuptial agreements can give one more control over who receives one’s assets during one’s lifetime and upon one’s death. The agreements can limit the ability of individuals to contest Wills, save time and money on asset distribution, and protect one’s privacy. A prenuptial agreement or a postnuptial agreement can be useful when one spouse has substantial assets relative to the other spouse or anticipates getting a large inheritance or distribution from a family Trust. These situations require special attention because of the way that Connecticut Family Law Courts divide assets upon divorce.
- GuardianshipSame-sex couples must concern themselves with issues related to guardianship of minors and funeral arrangements. If there are children, those minors may have only one of the partners as a legal parent. Unless proper documentation has been prepared, a probate court Judge will have decision-making authority over some of these sensitive issues. Same-sex couples to address these issues.
- Spousal SupportIf a provision of a premarital agreement modifies or eliminates spousal support and such modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid such eligibility.
- Legal SeparationThe appointment of the principal’s spouse as heal care representative is revoked upon divorce or legal separation from the principal
- Land Use and Zoning
- Medical MalpracticeWhen an individual has been seriously injured as a result of an accident, medical malpractice or any other cause, there is often a settlement or judgment in the individual’s favor. When that becomes available, planning to protect the funds is essential. Under federal and state law, many injured and disabled individuals may place their assets in an OBRA 93 Trust and qualify for Social Security Disability, Medicaid, Supplemental Security Income and other benefits. Often, trial counsel will partner with a trust and estates attorney to property represent the individual.
- Social Security Disability
- Medicaid PlanningHolland Law Offices is a unique Trust & Estate Boutique law firm in New London County Connecticut. Paul Holland learned the practice of complex estate planning and estate administration as a member of the Individual Clients Department of Cummings & Lockwood in Stamford, Connecticut. Cummings & Lockwood, one of Connecticut’s largest law firms, is known throughout the country as one of the leading trusts and estate firms. Paul prides himself on being a “Fairfield County Trust and Estate Attorney” with a New London County zip code. Unlike other lawyers in New London County, Paul does not liken Medicaid Planning with Estate Planning.
- Estate PlanningWe appreciate the opportunity to learn more about your estate planning needs. Please submit the form below to contact estate planning attorney Paul Holland. We look forward to working with you.
- Wills• Eliminating Will contests. If one is concerned that their Will may be contested or challenged by a disgruntled heir, a Revocable Trust is a must. Wills are relatively easy to contest in the Connecticut Probate Court system. That is not the case with a Revocable Trust. It is much more difficult for a disgruntled heir to contest a Revocable Trust.
- TrustsOne particular concern for same-sex couples is avoiding probate court on death. Everything in a will becomes public during probate. Prior to admitting a will to probate, all potential heirs must be notified and are given the opportunity to contest the will. For that reason, many same-sex couples opt for a Revocable Living Trust to dispose of their assets at death. Revocable Living Trusts can be 100 percent private and they are much more difficult for surviving heirs to contest.
- Power of AttorneyThe first purpose of a Revocable Trust is to provide a vehicle for the management of one’s assets in the event of incapacity. A Durable Power of Attorney is a very useful document to address incapacity on a short-term basis; however Durable Powers of Attorney have certain limitations. Many banks and financial institutions are hesitant to enforce Powers of Attorney that are over five years old. This issue does not exist with a Revocable Trust. In the event of incapacity, assets transferred to a Trust can be managed by the non-incapacitated Trustee. This avoids the expense and complication of having to petition the Probate Court for appointment of a Conservator in the event of incapacity and provides a comprehensive and long-term solution to incapacity.
- ProbateWhile collecting information and pondering important decisions regarding your estate, call the office of Holland Probate Law with any questions. There will likely be issues you never considered before. They deserve to be addressed. There will be complex elements that need to be talked through so that you can advance the planning with confidence.
- Tax LawPaul graduated from Fairfield University with degrees in Economics and Politics. He graduated with honors from Albany Law School where he was a member of the Albany Law Review. After receiving his J.D., Paul went on to receive a post-graduate degree in Tax Law from New York University School of Law.