- Divorce
- GuardianshipIf you have a family member who is in the early stages of Alzheimer’s or has other health issues, the right legal advice can make a huge difference. Handling family matters privately is far preferable to having expensive and often embarrassing guardianship proceedings in court, where your loved one’s welfare and assets are in the hands of strangers. Family battles in court are almost always a disaster for all concerned, especially the often-bewildered senior.
- Criminal Defense
- Real Estate LitigationProbate is a legal process. It's complex and involves taxes, financial accounting, and real estate law. The personal representative must follow the law and is answerable to the court for failure to do so, whether intentionally or negligently. Beneficiaries and family members have the right to sue the personal representative if there are mistakes. A smart personal representative will hire a lawyer who knows the Probate, Estates & Fiduciaries Code and the Internal Revenue Code.
- Personal InjuryWe don’t handle custody cases, criminal defense, or personal injury. We do what we do best: the law of wills and estates, your family finances, and your property.
- Medicaid PlanningTransferring assets to children and relatives to make it look like you have no money can easily result in disqualification from MA and even charges of fraud. Medicaid planning is the legal way of qualifying for Medical Assistance/Medicaid and is a complex process.
- Estate PlanningEstate planning is the process of anticipating and arranging for the disposal of your estate. Estate planning typically attempts to eliminate uncertainties over the administration of a probate and maximize the value of the estate by reducing taxes and other expenses. Guardians are often designated for minor children and beneficiaries in incapacity.
- WillsIf you are named as an executor you must first qualify as such. This means that you must locate the (original) last will of the decedent, prepare the proper legal documents, and go to the courthouse. You will probate the will at the office of the Register of Wills, where you will also swear to execute your duties properly and lawfully.
- TrustsOne well-known type of trust is a “living trust.†It's called that because you create it while you are living, as opposed to creating the trust in your will. The legal name is "revocable inter vivos trust" or, as we call it at Danyi Law, a "RIVIT".
- Power of AttorneyPennsylvania law regarding powers of attorney (POAs) changed in 2015, so if your POA is dated before then, you may have problems. But when you have a new POA executed, when does it go into effect? Who is the principal?
- Probate
- Tax LawThis is not something that commercial tax preparers or even CPAs are authorized to do. It involves knowledge of the PEF Code as well as tax law (the Internal Revenue Code and U.S. Treasury Regulations). As the executor, you are signing the return and are personally responsible for its accuracy. There are severe penalties involved for failing to follow the proper legal procedures and failure to file returns precisely on time, especially a U.S. Estate Tax Return, can result in penalties and interest that are enormous.