Estate Planning & Elder Law

Comprehensive estate planning, elder law, and special needs planning services to protect your family's future and preserve your legacy

Wills, Trusts & Estates

McCandlish Lillard's Wills, Trusts & Estates Practice can help you and your family plan for the disposition, distribution, and protection of your personal and, in many cases, business assets. We work closely with you to identify strategies for protecting and preserving your assets for your loved ones, as well manage and plan for tax liability in the process.

Estate Planning

Planning for the eventual disposition of assets is not just for the wealthy but is something everyone should complete. While tax planning is important for larger estates, it is just one of the factors to consider in the estate planning process.

  • Determining appropriate guardians for children
  • Providing sufficient liquidity to the estate
  • Avoiding probate
  • Protecting beneficiaries from creditors
  • Reducing or eliminating estate and inheritance taxes

Asset Protection

Asset protection planning can be an integral part of the estate planning process. The attorneys at McCandlish Lillard can advise on the applicability of a variety of asset protection tools.

  • Self-settled trusts
  • Liability limitation strategies
  • Appropriate insurance vehicles
  • Multi-generational wealth preservation
  • Team approach with other professionals

Trust Planning

A trust is an agreement that transfers possession and management of assets to a trustee and may be utilized in planning to accomplish everything from probate avoidance to multi-generational distribution of wealth.

  • Living trusts (revocable trusts)
  • Privacy protection
  • Seamless transition of management
  • Complex trust vehicles for specific situations
  • Integration into comprehensive planning

Types of Trusts We Handle

Charitable Remainder Trusts
Charitable Lead Trusts
Grantor Retained Annuity Trusts (GRATs)
Qualified Personal Residence Trusts (QPRTs)
Generation-Skipping Trusts
Special Needs Trusts
Asset Protection Trusts

Elder Law & Special Needs

Elder Law

Elder Law encompasses several areas of the law that affect seniors, and individuals with disabilities and special needs. This includes estate planning, life care planning, Medicaid planning, long-term care planning, special needs planning, trusts to implement those, and guardianships and conservatorships.

  • Life care planning
  • Medicaid planning
  • Long-term care planning
  • Planning ahead for care needs

Elder Abuse

Elder abuse, as defined by the National Center on Elder Abuse (NCEA), refers to any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.

  • Physical, emotional, or sexual abuse
  • Exploitation and neglect
  • Abandonment protection
  • Legal rights protection

Medicaid Planning

Medicaid is a joint federal-state program that provides medical assistance to low-income individuals, including those who are 65 or older, disabled, or blind. Currently the single largest payer of nursing home bills in America.

  • Complex eligibility requirements
  • Application assistance
  • Public benefits programs navigation
  • Long-term care financing

Special Needs Planning

A properly drafted Special Needs Trust or Supplemental Needs Trust provides funding for a variety of life-enhancing expenditures without compromising your loved one's eligibility for certain government benefits.

  • Supplemental Security Income (SSI) preservation
  • Medicaid benefits protection
  • Veteran's Administration benefits
  • Life-enhancing expenditures funding

Special Needs Trust Benefits

Supplemental and extra care
Medical and dental expenses
Rehabilitation and therapy
Equipment and technology
Personal care attendant
Transportation services
Recreation and entertainment
Education and training

Guardianships & Conservatorships

Guardianships and Conservatorships are judicially established relationships between an incapacitated person and a fiduciary that is empowered and obligated to look after the incapacitated person's well-being. Generally, guardians and conservators have control over the disabled individual's decision-making ability and finances.

Dealing with these situations can be incredibly stressful, and the legal complexities, accounting obligations and fiduciary requirements can often add to the frustration. Whether you are already a qualified conservator or guardian or are concerned about a loved one's ability to care for themselves or are looking for planning techniques to avoid a conservator or guardian situation, the attorneys at McCandlish Lillard have the necessary skills and experience to help with your situation.

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Trust & Estate Litigation

McCandlish lawyers represent individuals, fiduciaries and beneficiaries in litigation involving wills, trusts, estates and fiduciary relationships. The attorneys in McCandlish's Trust and Estate Litigation practice have experience handling virtually every kind of dispute involving trustees, beneficiaries, heirs, personal representatives, guardians, conservators, and other entities in fiduciary litigation.

Will and Trust Contests

McCandlish lawyers have represented beneficiaries and other interested persons challenging and defending the validity of a will or trust based on allegations of undue influence, mental incapacity, fraud, mistake, inadequate formalities and other grounds.

Fiduciary Misconduct Claims

McCandlish lawyers are experienced in prosecuting and defending breach of fiduciary duty claims involving: duty of loyalty, duty to avoid conflicts of interest, duty to account, duty to prudently invest assets, and duty to exercise reasonable care.

Guardianship and Conservatorship Proceedings

McCandlish's Trust, Estate and Fiduciary Practice Group provides representation to persons in connection with guardianship and conservatorship proceedings for individuals who are allegedly mentally or physically incapacitated.

Tax Appeals

McCandlish lawyers represent clients before the Internal Revenue Service and state tax authorities with respect to gift, estate, income, generation-skipping transfer, and other tax appeals.

Featured Attorneys

Elizabeth L. Gray

Senior Partner

  • Estate Planning
  • Elder Law
  • Guardianships

Melinda Merk

Partner

  • Taxation
  • Trust Planning
  • Estate Administration

Virginia C. Haizlip

Partner

  • Elder Law
  • Special Needs Planning
  • Medicaid Planning

Sarah C. Aviles

Associate

  • Estate Planning
  • Trust Administration
  • Guardianships

Protect Your Family's Future

Estate planning isn't just for the wealthy—it's essential for everyone who wants to protect their loved ones and preserve their legacy. Let us help you create a comprehensive plan.

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