ESTATE PLANNING

Estate planning is often thought of as limited to saving taxes for people of financial means. The broader view is that estate planning is necessary for every individual who wishes to direct the transfer of his or her assets on death or to manage those assets during an incapacity or incompetency.

Our attorneys have the experience necessary to develop comprehensive estate plans for our clients, recognizing each client's unique needs and objectives. We work closely with every client to address these complex and sensitive issues with appropriate estate planning tools including wills, revocable and irrevocable trusts, durable powers of attorney and health care proxies.

PROBATE ADMINISTRATION

Probate administration involves the orderly transfer of a decedent's assets as directed by his or her will, or by the laws of intestacy as determined by Massachusetts law for those who did not have a will at the time of death. Although much of the probate process is established by the law, our experienced attorneys can provide you with the efficient management and understanding of the process that will provide peace of mind during a difficult time for the family and loved ones of a decedent. Our work in this area primarily involves petitioning the court for the appointment of the executor or administrator of an estate, obtaining approval of the will, compiling an inventory of estate assets, management of estates, estate accounting, estate tax return preparation or supervision, obtaining allowance of accounts, and distribution of estates.

TAX LAW

With three attorneys holding advanced degrees in taxation or working towards completion of such degrees, Eckel, Morgan & O'Connor is ably positioned to assist clients and their accountants with federal and state tax planning and audit representation. A principal focus of the firm is gift and estate tax planning. Charitable Remainder trusts, Qualified Personal Residence Trusts, and Grantor Retained Income Trusts are commonly used vehicles for such planning. Traditional marital deduction planning through use of Qualified Terminal Interest Property Trusts (“QPRTs”) are a staple of such planning, including the new Massachusetts-only QPRT intended to avoid Massachusetts estate tax on the death of the first spouse to die.

GUARDIANSHIPS AND CONSERVATORSHIPS

When a family member or loved one becomes incapacitated or incompetent and has not made adequate arrangements by executing a health care proxy or durable power of attorney the only legal recourse is to seek the appointment of a guardian (of the person or the property of the individual) or a conservator (only of the property) through the probate court. Eckel, Morgan & O'Connor can provide the expertise and experience to make the process efficient and comprehensive, including assistance in arranging for care giver services and respite care.

SMALL BUSINESSES and NON-PROFITS

Among its other activities, Eckel, Morgan & O'Connor is able to fully assist individuals in the purchase and sale of businesses, selecting and establishing the proper form of entity (corporations, LLCs, FLPs, partnerships, sole proprietorships, etc.) for their business, buying and selling real estate for their business, and drafting appropriate buy/sell, confidentiality, non-compete and other agreements essential to the uninterrupted function of your business entity. Eckel, Morgan & O'Connor has the experience and expertise to provide small business owners, or those interested in establishing non-profit entities with the tax advice and estate planning tools, often in conjunction with your other professional advisors, to ensure that all of your business needs are met.

ELDER & DISABILITY LAW

Elder Law is a multi-disciplinary practice area that includes proper estate planning, asset protection, and accessing public benefits, including Medicaid, Social Security, and elder housing. Eckel, Morgan & O'Connor's attorneys focus on a holistic approach to the individual needs of clients during the aging process and the client's individual needs are carefully reviewed to ensure that all of the elder's needs and goals are properly addressed.

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