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Practice Areas


Medicaid Planning and Medicaid Applications  
We assist clients and their families in exploring all their long-term care financing options and evuaute whether legal asset planning is appropriate. For each client, a comprehensive evaluation of the client's unique family and financial situation is made. Planning recommendations are offered that are designed to provide assets to pay for all needed care while preserving the client's estate for his/her surviving spouse and heirs to the maximum extent possible. In addition to planning for the possibility of long-term disability, we advise clients and their families after such disability occurs. Medicaid and other needs-based public benefit eligibility rules change almost daily; as they become increasingly complex there are pitfalls for the unwary, but there are also opportunities for the astute planner. We can prepare, with the client's assistance, the Medicaid application itself and see it through the often lengthy approval process.
 
 
Estate Planning, Probate and Trust Administration
We assist individuals and families in planning their estates whether it is the preparation of a simple will or more involved trust planning documents. Plans involve not only estate tax reducing measures, but also protecting the estate during life. We prepare wills and trusts designed to reduce or eliminate federal estate taxes, powers of attorney drafted to permit the effective management of assets and personal affairs, and advance medical directives (living wills) giving instructions to health care providers in the event of incapacity. Various kinds of revocable and irrevocable trusts are also prepared, if appropriate. We also advise heirs and fiduciaries on the process of probating estates. Probate administration includes filing the petition for appointment of the executor, preparing and filing the inventory of estate assets and debts, paying decedent's debts, distributing assets, filing tax returns, and filing an account with the Probate Court.
 
Disability and Special Needs Planning
We also helps clients with disabilities plan for their long-term needs. We advise parents and other family members who wish to provide for disabled family members while preserving eligibility for Medicaid/SSI and other public benefits. We provide planning options, drafts special needs trusts and other documents as appropriate, and advises trustees on issues of trust administration.
 
Guardianship and Fiduciary Services
The Law Firm represents people seeking guardianship of relatives who can no longer handle their own affairs. We also represent proposed wards who may object to the guardianship. The Law Firm also serves as guardian or agent under a power of attorney.
 
Real Estate
The law firm handles residential home closing services for sellers, buyers, borrowers, and lenders almost entirely on a flat fee bais to clients. The services include contract negotiation, drafting, and review of purchase and sale agreements, including purchases, sales and refinances of any type of property and For Sale By Owner (FSBO) transactions.
 
Nursing Home Litigation, Will Contests and Guardianship Disputes
State and federal laws provide legal protection to residents of nursing homes. The Law Firm has been successful in utilizing the various nursing home laws to advocate on behalf of clients residing in nursing homes. When necessary, the Law Firm initiates legal action to protect the client's rights. The Law Firm also represents litigating parties involved in will contests, guardianship disputes and other estate litigation.
 
Medicare and Medicaid Appeals
At both the federal level in the Medicare program and at the state level in the Medicaid program, government workers often deny benefits to which applicants are entitled. The Law Firm represents clients in the confusing administrative process to secure benefits which the system wrongly denied including Social Security and SSI claims  and appeals.  Denials of initial claims for Social Security and SSI disability benefits are common. However, with proper legal representation, over 60% of initial denials are reversed on appeal.
 
Consumer Bankruptcy
While bankruptcy is not popularly known as traditional area of the Elder Law practice our firm does, for the most part, represent families where ownership and proper management of property are often at issue. Medicaid planning involves divestment, or spend-down, to poverty level of asset issues. Thus, we are uniquely positioned to undertand  varied issues facing individuals or persons who are in financial difficulties and seek a fresh start in establishing their estates. We represent consumers only in filing either Chapter 7 (no assets case) or Chapter 13 petitions.
Public Engagement
The Law Firm also conducts, or participates in, seminars on a wide variety of Elder Law, estate planning and family law topics.
 

 

 

Brian T. Treacy

Law Office Phone
843-757-5294

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