Sciacca Law is pleased to handle all types of Trusts and Estates matters for New York State residents, as well as for those with an interest in a New York Estate.

Estate Planning
Whether you need a simple Will or a complex tax-sheltered trust, we’re here to help.

Your estate planning process begins with an in-depth consultation. We start by exploring your goals and reviewing any previous planning, such as an existing Will. If you wish, we can also consult with your accountant and/or financial advisor.

The result: A personalized estate plan tailored to your specific needs.

Once your new plan is ready, we provide drafts of all planning documents for your review. To ensure that the finished product properly expresses your wishes and accomplishes your goals, we review it with you to make sure you understand and approve every provision.

Taxable estates: We can help you create a plan that minimizes estate taxes as your assets pass to your ultimate beneficiaries.

Family business owners: We can help ensure that your business passes smoothly on your retirement or death while minimizing transfer taxes.

Planning for life: Estate planning is also about what happens while you’re alive. We can help you execute documents (Power of Attorney, Health Care Proxy, Living Will, etc.) to direct the management of your health and finances by trusted loved ones.

Estate & Trust Administration

Death is an inevitable part of life, and people we care for may pass away. Should that happen to you, contact us. We represent next-of-kin and nominated Executors with all estate-related legal matters.

These services include:

• Administration Petitions (appointment of a relative to manage the Estate)
• Probate Petitions (admission of the Will to probate and appointment of the named Executor)
• Collection of assets
• Working with beneficiaries and creditors of the Estate or Trust
• Estate tax matters, (estate tax filings and tax audits)
• Final distribution of the Estate or Trust

Surrogate’s Court Proceedings

We also represent Executors, Administrators, Beneficiaries, Distributees, and Creditors of estates and trusts when issues arise.

These services include:

• Representing the nominated Executor when an interested party challenges a Will
• Representing interested parties in challenging a Will
• Actions by family members and beneficiaries to remove an Executor, Administrator, or Trustee for misconduct
• Motions by Administrators, Executors, and Trustees to resign Voluntary and Compulsory Accountings
• Representing Executors and Administrators when attempting to recover the assets of the decedent
• Representing beneficiaries when attempting to recover assets from an Executor, Administrator, or Trustee
• Resolution of disputes between Trustees and beneficiaries concerning discretionary and mandatory payments
• Kinship hearings to demonstrate that an individual is a family member with inheritance rights
• Proceedings to create Supplemental Needs Trusts in order to preserve government entitlements for disabled beneficiaries

Guardianship Proceedings

When a person becomes unable to make personal and financial decisions, a guardianship proceeding may be the only available way to deal with his or her affairs. If the proceeding is successful, the Court appoints a Guardian to manage the incapacitated person’s affairs.

We represent Petitioners and Cross-Petitioners (those seeking to have a Guardian appointed) and Respondents (those who are alleged to be incapacitated) in both routine and contested guardianship proceedings. We can also represent Guardians and family members in ongoing matters long after the appointment of a Guardian.

Planning for Parents with Disabled Children

Parents of disabled children, whether minors or adults, have special concerns. In addition to typical estate planning, they must consider who can serve as caregiver upon their death, and how to finance that care. In addition, these parents must consider whether an inheritance by their child could terminate government entitlement programs (such as Medicaid and SSI) that finance the lion’s share of associated costs.

Through careful planning and the use of appropriate trusts (such as a Supplemental Needs Trust), these parents can ensure the best possible funding of care for their children.

We can also assist people who become responsible for disabled individuals after the death of a caregiver, parent, or family member.