Estate Planning Lawyers
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Meet some of our Estate Planning Lawyers
Phocus L.
G'day, my name is Michele! I work with startups, entrepreneurs and small/medium-sized businesses across the country in a wide array of industries. I help them with all of their ongoing, daily legal needs. This includes entity formation, M&A, contract drafting and review, employment, asset sale & acquisition, and business sales or shareholder exits. I'm half-Australian, half-Italian, and I've lived the last 20+ years of my life in America. I've lived all over the USA, completing high school in the deep south, graduating cum laude from Washington University in St. Louis, and then cum laude from Georgetown University Law Center. After law school I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left to become General Counsel and VP of an incredible, industry-changing start-up called Urban Mining Company (UMC) that manufactures rare earth permanent magnets. I now work for Phocus Law where I help run our practice focused on entrepreneurs, startups, and SMEs. I love what I do, and I'd love to be of help! My focus is on providing stress-free, enjoyable, and high-quality legal service to all of my clients. Being a good lawyer isn't enough: the client experience should also be great. But work isn't everything, and I love my free time. I've been an avid traveler since my parents put me on a plane to Italy at 9-months old. I'm also a music nut, and am still looking for that perfect client that will engage me to explain why Dark Side Of The Moon is the greatest album of all time. Having grown up in a remote, and gorgeous corner of Australia, I feel a strong connection to nature, and love being in the elements.
Samuel R.
My career interests are to practice Transactional Corporate Law, including Business Start Up, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Business Transactional Agreements, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the Super Lawyers Southwest Rising Stars list for 2024 - 2026. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, and also trademark registration and licensing.
"Thanks Samuel for your thorough review of my materials. I'm incredibly impressed by your prompt turnaround in drafting my letter. The letter captured the facts perfectly and struck exactly the right tone."
Gregory B.
I love contracts - and especially technology-related contracts written in PLAIN ENGLISH! I've worked extensively with intellectual property contracts, and specifically with IT contracts (SaaS, Master Subscriptions Agreements, Terms of Service, Privacy Policies, License Agreements, etc.), and I have built my own technology solutions that help to quickly and thoroughly draft, review and customize complex contracts.
"Greg was very helpful and responsive. He not only provided insightful comments on the contract but also explained the reasoning behind them. Highly recommended, especially for software contracts."
David W.
The Law Office of David Watson, LLC provides comprehensive and individualized estate-planning services for all stages and phases of life. I listen to your goals and priorities and offer a range of estate-planning services, including trusts, wills, living wills, durable powers of attorney, and other plans to meet your goals. And for convenience and transparency, many estate-planning services are provided at a flat rate.
"David quickly put in a bid and began work. He was very responsive to any questions I had."
Anna K.
Anna is an experienced attorney, with over twenty years of experience. With no geographical boundaries confining her practice, Anna works on corporate, healthcare and real estate transactions. Anna brings extensive big firm experience, garnered as an associate in the Miami office of the world's largest law firm, Baker and McKenzie, and the Miami office of the international law firm Kilpatrick Townsend. Her areas of expertise include: mergers and acquisitions, initial public offerings, private placements, healthcare transactions, corporate finance, commercial real estate transaction and acting as a general corporate counsel. Anna is certified to practice law in Florida and was admitted to the Florida Bar in 1998. Anna is also a Certified Public Accountant. She passed May 1995 CPA Exam on the first sitting. She is fluent in Russian (native).
Clara D.
October 8, 2021
Clara D.
Clara Duffield is a seasoned financial services, technology, privacy, business, intellectual property, and real estate lawyer, with in-house and large firm experience. She currently represents a range of clients, from start-ups to large, heavily-regulated companies, in a wide variety of transactional matters. After graduating from The University of Chicago Law School, Clara spent eight years in private practice representing clients in complex commercial real estate, merger and acquisition, branding, and other transactional matters. Clara then worked as in-house counsel to a large financial services company, handling intellectual property, vendor contracts, technology, privacy, cybersecurity, licensing, marketing, and otherwise supporting general operations. She opened her own practice in September of 2017. Duffield Law provides strategic and flexible representation to businesses of all sizes. Its clients include entrepreneurs and early-stage startups to Fortune 100 companies. From outside general counsel or volume work to discreet assignments, our small firm model allows us the flexibility to provide only the legal services a client needs, without sacrificing the quality all clients deserve. With a depth of in-house and large law firm experience, we work with clients to thoughtfully assess risk, identify and engage subject matter experts, and manage legal spend.
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Estate Planning Legal Questions and Answers
Estate Planning
Power of Attorney
Michigan
How can wife get power attorney from sibling for mother?
My wife is trying to get power of attorney for her mom from her sister that only wants her money and now we have her mom and her sister is keeping her I’d and birth certificate so she has no control of her money gave her a bank card with no pin and no I’d so she can’t go to the bank and get her money
George B.
Generally, if a person is competent, he or she can revoke a power of attorney at any time and execute a new one in favor of someone else. Every individual/business that is aware of the previous power of attorney will need to be notified that it has been revoked and given the updated power of attorney. However, if a person has any conditions that may be impairing mental functions, it may be necessary to petition the court for guardianship/conservatorship. Both of these scenarios can get complicated incredibly fast, and you should consult with a lawyer in either situation.
Estate Planning
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Estate Planning
Power of Attorney
Ohio
Can a Power of Attorney be revoked if the person who granted it is now capable of making decisions?
Can a Power of Attorney be revoked if the person who granted it is now capable of making decisions? I have been granted Power of Attorney for my elderly mother who was deemed mentally incapable of making decisions due to dementia. However, her condition has improved significantly, and she is now able to make decisions on her own. I want to know if it is possible to revoke the Power of Attorney and return decision-making authority to her.
Michelle M.
A power of attorney does not take away the decision-making authority of the principal. It appoints someone to act on behalf of the principal as provided in the document, but not to the exclusion of the person granting the power. If your mother granted power of attorney to you it allows you to act on her behalf, but she can also still act on her own. If she wants to revoke the power of attorney she can do so at any time, but given her diagnosis that may not be wise. It's likely the document will be needed again at some point in the future. The only proceeding that removes decision-making ability is a guardianship, which is done in the Probate Court (this is different than a power of attorney). Hope that helps!
Estate Planning
Power of Attorney
Illinois
Do I need a lawyer for power of attorney
Just want to know do I need a lawyer for power of attorney
T. Phillip B.
You can create your own power of attorney so long as it meets all the necessary requirements.
Estate Planning
Last Will and Testament
Georgia
I had an Alabama elder care lawyer create my POA, will, etc. Now I am living permanently in Ga. Is my paperwork still good or do I need to get it reviewed and updated in Ga.
widowed and living alone
Allen L.
The short answer is: your Alabama documents are most likely still legally valid in Georgia, but a Georgia attorney review is strongly recommended — especially given your situation living alone and widowed. Here is the breakdown: Will Georgia recognizes a will validly executed in another state as long as it was properly signed and witnessed under that state's law at the time it was made. Alabama and Georgia both require two witnesses, so your will should be fine. That said, if your Alabama will names your spouse or references Alabama-specific assets, accounts, or property that has since changed, it absolutely needs updating for that reason alone. Power of Attorney Georgia adopted the Uniform Power of Attorney Act in 2017. Georgia will generally honor a POA validly created in another state. However, Georgia has specific statutory language that banks, hospitals, and other institutions are accustomed to seeing. If your Alabama POA does not track Georgia's statutory form, some institutions may resist honoring it or ask for additional paperwork, which can cause serious delays in a crisis. Having a Georgia-compliant POA dramatically reduces that friction. Healthcare Directive / Advance Directive This is the most important one to update. Georgia has its own Advance Directive for Health Care form that combines a living will and healthcare proxy. Georgia medical providers are trained on this specific form. An Alabama healthcare directive may be legally valid here, but you may encounter real-world resistance from hospitals and doctors who are not familiar with it. A Georgia-specific advance directive is highly advisable. Practical Concerns Given Your Situation Living alone and widowed means your agent under your POA and your healthcare proxy are your first and only lines of protection if something happens. You want zero friction when those documents need to be used. This is not the situation to test whether an out-of-state document will be accepted in a moment of urgency. You should also confirm that whoever you have named as your agent, executor, and healthcare proxy is still the right person, still willing, and still able to serve. Bottom Line Your documents are not void, but getting them reviewed and updated for Georgia is genuinely worth the time and cost. At a minimum, a new Georgia Advance Directive for Health Care and a Georgia-compliant Durable POA should be strongly considered. While you are at it, confirm your beneficiary designations on any life insurance, IRAs, and bank accounts, as those pass outside your will regardless. Next Step The easiest way to get this handled is to open a project on ContractsCounsel at www.contractscounsel.com. You can post your document review and drafting project there, receive competitive flat-fee bids from Georgia-licensed attorneys who handle exactly this type of elder law work, and get everything updated without having to search for a lawyer on your own. It is a straightforward process and puts you in control of the cost upfront. Given your situation, this is one of those things that is well worth getting done sooner rather than later.
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