FERRARI LAW FIRM, PLC
                                                                                                                   Wills      Trusts      Probate Administration  

Our Services

Wills

Every adult individual who owns property should execute a will during his or her lifetime.  A validly executed will provides instructions for the disposition of one's property after death.  A will can also be used to funnel assets to an existing trust or a testamentary trust for the benefit of one's children or other loved ones after death.  Wills are also relied upon to provide instructions as to who should be nominated as a guardian for minor children or disabled persons who are left behind. 

Trusts

We draft all forms of trusts, depending on the needs and objectives of each client.  A revocable living trust can help to avoid probate administration at the trustor's death.  The trust instrument gives instructions for how the trustor's assets should be managed and distributed during his or her lifetime, and it also provides for the disposition of trust assets after the trustor's death.  Such a trust can also include provisions to minimize estate taxes at death.  There are a variety of other types of trusts that can be established for purposes of minimizing estate and gift taxes, whether through charitable designations, business succession provisions, transfers of life insurance or a combination of those and other planning techniques.  Whether you are a high-net-worth individual or a person of simple means, you and your loved ones can benefit from the creation of a trust during your lifetime.

Probate Administration

Probate administration is the process by which property passes from a deceased person to his or her heirs, or to the persons the decedent designates by will to receive his or her property after death.  We represent decedents' estates from the beginning to end of the probate process, including the collection, management and disposition of property, management and/or negotiation of claims by creditors of the decedent, preparation and filing of income or estate tax returns, and assistance with the administration of testamentary trusts or guardianship estates. 

Trust Administration

We assist the trustor and trustees with all aspects of trust administration.  This includes the establishment of all forms of revocable and irrevocable trusts -- both charitable and non-charitable -- and advice on how to properly manage, acquire and dispose of trust property.  There are a multitude of tax considerations that must be addressed when creating and administering a trust, and we can assist in developing a trust administration plan to meet whatever tax or non-tax objective desired, depending upon each client's particular situation.  We also assist in the preparation of fiduciary income tax returns, returns of private foundations, and applications for tax-exempt status of charitable trusts. Some specific types of trusts that we deal with are standard revocable trusts for both married and unmarried individuals, life insurance trusts, 2503(c) trusts for minors, generation-skipping trusts, special needs trusts, and charitable trusts.     

Durable Powers of Attorney and Advance Directives

A durable power of attorney is a document by which one person known as the "principal" authorizes another person known as the "attorney-in-fact" to transact business on the principal’s behalf.  This can include signing and filing tax returns, executing contracts, paying monthly bills, negotiating checks for deposit, transferring the principal's assets to a trust for the principal's benefit, and making health care decisions on behalf of the principal.  A durable power of attorney is effective (unless revoked) until the principal's death, and it is not affected by the principal's mental incapacity or disability.  

An Advance Directive for Health Care -- sometimes referred to as a "Living Will" -- is a written document directing that extraordinary medical measures not be taken to artificially prolong life in the event of a terminal or vegetative-type condition.  Specifically, this document can convey one's wishes not be given certain medical treatment or intravenous hydration and nutrition, in the event the principal is diagnosed with a terminal condition or becomes persistently unconscious. This document provides for the the appointment of a health care proxy, who can ensure the principal's wishes are carried out, and it can provide for the donation of bodily organs.

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