Guardianships and Trusts, Estates, and Probate Law

Guardianships

The guardianship attorneys at Friedman, Khafif & Sanchez have handled many legal guardianship cases over the years.  In a typical case, our guardianship attorneys commence legal proceedings under Article 81 of the Mental Hygiene Law on behalf of our health care clients and our individual clients.  Article 81 proceedings seek the appointment of a personal needs guardian and/or a property management guardian to act on behalf of incapacitated individuals who are unable to care for their own personal or financial needs.  An incapacitated person can be a minor child, or adult deemed incompetent due to physical or psychiatric illness.  Issues and concerns involved in our guardianship practice include:

• Article 81 proceedings under the Mental Hygiene Law of New York
• Conservatorship and guardianship appointments
• Estate planning and asset protection planning
• Government benefits and eligibility
• Insurance planning
• Medicaid planning, Medicaid eligibility, Medicaid applications and appeals
• Physician-patient relationships and privileges
• Patient placement in a skilled nursing home, long-term care facility, or assisted living facility
• Power of attorney and health care proxies
• Supplemental needs trusts
• Temporary guardianship or permanent guardianship.

In especially difficult guardianship cases, courts throughout New York have specifically requested that the attorneys at Friedman, Khafif & Sanchez become involved because of our ability, experience, and compassionate service in this area of law.

Friedman, Khafif & Sanchez helps to make sure that the proper person is placed in the position of guardian.

We help people who cannot help themselves. Contact us.

Trusts, Estates, and Probate law

Our attorneys are dedicated to helping clients develop inclusive estate plans, and helping heirs manage any estate administration or estate litigation matter.

• Estate Planning.  We provide clients a full range of estate planning services.  From elder law planning and complex wills to living trusts and financial and healthcare powers of attorney, we have the knowledge and insight to ensure our clients' assets are passed on to their heirs in a method they choose.  Our firm also draws on the experience of our business attorneys to handle issues related to business succession planning.

• Estate Administration.  Our attorneys have significant experience handling probate and estate administration matters.  We regularly represent the interests of estates, estate administrators, trustees, and heirs.  We can assist with the notification of a death, identifying and collecting the assets of the estate, paying debts and taxes of the estate, and the distribution of assets.  In addition, we have handled a number of administration matters when there was no will.  For example, if an individual dies intestate, that is, without a written will, the court selects a personal representative to distribute the deceased’s property.  The laws of descent and distribution are followed in the state where the person resided at the time of death.

• Will Contests.  Our firm has successfully represented a number of estates and objectors in estate litigation.  We recognize that there are a number of situations where a will may be challenged, including situations involving undue influence, insurance distributions, common law marriages, and lifetime promises.

Estate matters are often highly emotional.  Whether planning for the future, dealing with the closing of an estate, or managing complex succession planning matters, our attorneys are dedicated to providing effective legal advice and representation.

We will honor the deceased’s intentions. Contact us.