Practice Areas
Estate Planning
We don't have a crystal ball that can predict the future. Death or disability can happen at anytime. Planning for your death involves the creation of a will or living trust to ensure that any assets that you own at your death pass to your loved ones or named charities with minimal exposure to estate taxes and fees. Planning for disability entails the creation of a carefully drafted Power of Attorney and Health Care Proxy, which documents allow you to choose an individual(s) to manage your finances and health care decisions in the event you are unable to do so yourself. Give yourself peace of mind by working with Bernier Law Firm to create the following important estate planning documents: Durable Power of Attorney, Health Care Proxy, End of Life Decision Instructions (Living Will), Nomination of a Guardian, Last Will & Testament, Revocable and/or Irrevocable Trust Agreements.
Probate & Estate Settlement
When you are dealing with the death of a loved one, there are many steps to take to 'settle' a decedent's estate. Probate and Estate 'settlement' entails a court proceeding to become appointed as the Executor or Administrator of an estate. Due to a variety of factors, estate proceedings can be complex. It is highly recommended that an estate executor seek legal counsel as soon as possible. Failure to properly manage an estate can result in financial harm to the beneficiaries of an estate, which in turn can result in litigation against the executor. When one dies without a will, their assets will be distributed according to the laws of the state in which they reside at the time of death. This process is called an intestacy or administration proceeding. Contact Bernier Law Firm for guidance on how to appropriately administer and settle a decedent's estate.
Medicaid Planning
Many people are surprised to learn that Medicare does not cover long term care in your home or in a nursing home. Medicare pays for your hospital visits, surgeries, durable medical equipment, short term rehabilitation (up to 100 days), and hospice services. Long term care is extremely expensive and presents tough questions such as, "How will I provide for my spouse or my dependent child and pay for a nursing home? Will the nursing home take our home? Does this mean our children and grandchildren will not receive an inheritance?" The good news is there are solutions to these problems, and it requires planning ahead. For example, you can create a Medicaid Asset Protection Trust to protect your home and other assets from being sold to pay for your long-term care. However, this type of trust must be created five years prior to applying for Medicaid. Even if it's too late to create a Medicaid Asset Protection Trust, there are multiple Medicaid planning strategies that Bernier Law Firm can implement to protect your families' assets.
Trust Settlement
Trusts are great tools to help individuals achieve a variety of goals, such as, avoiding probate, reducing estate taxes, inheritance protection, and protecting assets from divorce, creditors and long-term care costs. When the creator of a trust dies, the trust must be 'settled'. In general, the trust settlement process can be handled in a quick and efficient manner (given that the courts are not involved). Nevertheless, prior to distributing a trust to the named beneficiaries, a Trustee should seek competent legal counsel to ensure that they are not unintentionally violating the trust's terms or applicable laws. If you have been appointed as a Trustee, contact Bernier Legal Group to educate and guide you on your responsibilities.
Guardianships
A guardianship is a legal arrangement where a court appoints an individual(s) to manage another person's finances and health care decisions. A guardian may be necessary when a person is unable to sign a Durable Power of Attorney or Health Care Proxy as a result of a severe physical illness, a developmental disability, a cognitive impairment such as Dementia or Alzheimer's, or a mental illness. A guardian may be also necessary if a person is being financially exploited and is unable to comprehend the nature and consequences of their actions and functional limitations, Filing for guardianship is complicated court process that involves strict timelines and court procedures. One should seek competent legal counsel to understand their rights and responsibilities when faced with the possibility of commencing or defending a guardianship proceeding.
Special Needs Planning
If you are caring for a child or a loved one with a disability, your estate plan must be carefully tailored to ensure that that child or loved one's care continues well after your death. Children and adults with disabilities often rely on essential public benefits, such as Supplemental Security Income (SSI) or Medicaid, which programs are needs based and as such, an inheritance would disqualify them from eligibility for such benefits. Special needs trusts, also known as supplemental needs trust, allow you to set aside funds for an individual with a disability, without jeopardizing their eligibility for public benefits. This type of trust can be crucial for a disabled beneficiary to enjoy a richer and meaningful quality of life. Creating a special needs trust is complicated and there are many rules that must be followed. If you have a loved one with a disability you should seek the guidance of a competent special needs planning attorney to strategize well in advance in order to ensure your disabled loved one will be protected and cared for.