Few activities are more important, yet more intimidating, than planning for your own long-term security and the continued well-being of your loved ones. The complexities of estate laws can lead many people to put off this crucial task until it’s too late, but with competent legal help you can lay a solid foundation for protecting your independence and preserving your family's financial future.

As a skilled New Haven Estate Planning Lawyer, I provide solid legal guidance to individuals, families, business owners and retirees in the following practice areas:

• Estate Planning  
  
• Elder Law
• Wills
• Trusts
• Advance Directives
• Title 19
• Probate
• Medicaid
• Estate Administration
• Tax Planning
• Charitable Trusts
• Family Limited Partnerships
• Guardianships/ Powers of Attorney
• Medical Directives
• Special Needs Trusts
• Testamentary Trusts
• Will Contest Litigation
• Estate Litigation

As a respected New Haven Estate Planning Lawyer, I use numerous tools to help clients meet their unique financial goals, including, but not limited to:

• Living Trusts can be used to hold legal title to and provide a mechanism to manage your property. You can select a person or persons – even yourself – as the Trustee(s) to carry out the instructions in the Trust and name one or more Successor Trustees. Unlike a Will, a Trust usually becomes effective immediately, continues in force during your lifetime even in the event of your incapacity, and continues after your death. Most Trusts are revocable which allows the person who creates the Trust to make future changes, modifications and even to terminate it. Trusts also help you avoid or minimize the expenses, delays and publicity of probate, if your assets are properly titled.
  
  
• Wills, sometimes called a Last Will and Testament, transfer property you hold in your name to the person(s) and/or organization(s) you want to receive it. A Will also typically names someone you select to be your Personal Representative (Executor) to carry out your instructions and names a Guardian if you have minor children. A Will only becomes effective upon your death, and after it is admitted to probate.  Assets or property passing under a Will must go through Probate.
  
  
• Durable Powers of Attorney for Health Care appoints a person you designate to make decisions regarding your health care treatment in the event that you are unable to provide informed consent.
  
  
• Living Will is an Advanced Directive which gives doctors and hospitals your instructions regarding the nature and extent of the care you want should you suffer a terminal, an incurable condition or persistent vegetative state.
  
  
• Probate/Estate Administration services provides legal guidance after a family member has passed away.  I handle probate and administration proceedings, estate taxes and estate accountings. When probate is contested, I can handle the resulting litigation as well. I will make sure that your rights are represented in probate court to the maximum extent.
  
  
• A Durable Power of Attorney for Property and financial matters, appoints a person that you designate to act for you and handle financial matters should you be unable or perhaps unavailable to do so.
  
  
• Family Limited Partnerships can be used to own and manage your property, in a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize taxes as well as provide asset protection.

With new laws being passed on a regular basis, the guidance of an experienced New Haven Estate Planning Lawyer is critical in assuring that your unique estate planning goals are understood and carried out. Proper estate planning can ensure that your estate is not wasted, and that your loved ones are cared for according to your wishes. Avoiding probate costs, expensive court proceedings and unnecessary taxes are important elements in preserving the integrity of your estate.

With strong attention to detail and the commitment to service and responsiveness, The Pellegrino Law Firm offers clients the flexibility and personal attention of a small firm. Our approach optimizes our ability to achieve our client's goals.

If you or someone you know in Connecticut needs the assistance of an experienced New Haven Estate Planning Lawyer, call Attorney Frances Granquist today at 866-709-1873, or complete the contact form provided on this site to schedule your free consultation.

Estate Planning:
Good estate planning is more than just a simple Will.  It minimizes potential taxes and fees (including Federal and State gift and estate taxes), and sets up contingency planning to make sure wishes regarding health care treatment are followed before and after death.  A good estate plan also coordinates what happens to a home, investments, business, life insurance, employee benefits (such as a 401K plan) and other property in the event of disability or death.

Wills:
A Will is a written instrument containing directions on how the assets and property of the testator (individual creating the Will) shall be divided upon his or her death.  Wills can also contain instructions regarding the care of minor children, gifts to charity and formation of posthumous trusts.  In order for a Will to be legally valid, the testator must sign the Will in the presence of two witnesses and he or she must be mentally competent and not acting under duress or under the controlling influence of another.

Probate: 
Probate is the legal process of transferring property following a person's death.  Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a Will); his or her property is collected, certain debts are paid from the estate and the property is distributed accordingly.

Estates are categorized as probate or non-probate property.  Probate property is property that is transferred by the provisions of a Will.  Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a trust.

Trusts:
Trusts are estate-planning tools that can replace or supplement Wills and can also help manage property during life.  A trust manages the distribution of a person's property by transferring its benefits and obligations to different people.  Maintaining assets in a Trust often makes it easier to minimize taxes and leave a larger inheritance.  A Trust is also a way to provide a steady income to the Beneficiary over time (as opposed to distribution in a lump sum), thus reducing the Beneficiary's tax burden, allowing the Trust to grow through investment, and keeping assets free from creditors of the Trust beneficiary.  Trusts can also be established for the benefit of charitable organizations.

Will Contest Litigation:
A Will Contest is a type of litigation that challenges the admission of a Will to probate.  Issues that are likely to spur the contesting of a Will include: 

• the testator lacked mental capacity, i.e. was senile, delusional or of unsound mind at the time the documents were created;
• the testator was subjected to fraud, coercion or undue influence during its creation and implementation;
• there are ambiguities in the document or
• the Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court, depending on state law and the specific facts and circumstances may disallow only the part of the Will that was challenged; throw out the entire Will, distributing the property as if the person died without a Will or use the last previous Will.

Powers of Attorney:
Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person (the principal) to another (attorney-in-fact or agent).  When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions for the incapacitated person.  One of the ways to avoid government or court intervention and the appointment of a stranger to act as your guardian, is to use a Power of Attorney.  A Power of Attorney is a written document that can be limited in scope, or it can allow one person to give another the full power and authority to represent him or her.  There are two types of Power of Attorneys; one covering assets and one covering health care decisions.

Conservatorship:
A conservatorship is a court order that a person deemed fully or partially incapable be subject to the legal control of another person.  The conservator is responsible for the assets and finances of an incapacitated person.  Many jurisdictions use the term "guardian of the person" to refer to the same legal principle.  It may be necessary to petition a court to appoint a conservator for persons:

• Who have physical or mental problems that prevent them from managing their own financial affairs;
• Who have no person already legally authorized to assume responsibility for them; and
• Where other kinds of assistance with financial management will not adequately protect them. 

Guardianship:
A guardianship is a legal relationship created by a court between a guardian and his ward, either a minor child or an incapacitated adult.  The guardian has a legal right and duty to care for the ward.  This may involve making personal decisions on his or her behalf, managing property or both.  Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity or disability.

Courts generally have the power to appoint a guardian for an individual in need of special protection.  There are different types of guardians that can be appointed.  A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian.  A person may also be appointed as a special guardian, having limited powers over the interests of the ward.  A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem.

Estate Tax Returns:
The money and property you own when you die (your estate) may be subject to federal estate tax.  Most estates are not subject to the tax.  Only about 2% of all estates are subject to the estate tax.  An estate tax return generally will not be needed unless the estate is worth more than the applicable exclusion amount for the year of death.  The estate tax is technically a tax on the transfer of property to others, generally to children of a decedent.

Estate taxes are different from, and in addition to, probate expenses and final income taxes owed on income the decedent earned in the year of his or her death.  They also are separate from inheritance taxes that are collected by some states.

Most states impose their own estate taxes, usually as a "sponge tax" that piggybacks on the federal estate tax.  The federal estate tax allows each estate a tax credit for any state inheritance or estate taxes paid, up to a maximum dollar amount.

Private Annuities & Charitable Trusts:
In a private annuity trust, an owner transfers property to an irrevocable trust in exchange for a promise to make prescribed payments to the owner for his or her lifetime.  The trust then sells the property to a third party, the proceeds of which are invested to provide the payments promised to the owner.  On death, the remainder of the trust estate typically passes to the heirs of the property owner.  The trustee must be someone other than the property owner.

A charitable trust is somewhat similar to a private annuity trust, except that the owner transfers property to an irrevocable trust of which one or more charitable organizations will be beneficiaries.  The type of charitable trust most likely to be used is a charitable remainder trust, in which the owner retains an income interest for his or her lifetime.  The property can be sold by the trustee and the proceeds invested to provide the payments to the owner.  On death or after a specified term of years, the remainder of the trust estate passes to one or more designated charitable organizations.  Unlike a private annuity trust, the trustee can be the property owner.

If you or someone you know in Connecticut needs the assistance of an experienced New Haven Estate Planning Lawyer, call Attorney Frances Granquist today at 866-709-1873, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know in Connecticut needs the assistance of an experienced New Haven Estate Planning Lawyer, call Attorney Frances Granquist today at 866-709-1873, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
The Pellegrino Law Firm
475 Whitney Ave.
New Haven, CT 06511
Telephone: 866-709-1873
Fax: 203-777-2096

MEMBERS OF THE FIRM:

Frances B. Granquist
Frances Granquist earned her undergraduate degree in accounting from Fairfield University and her Juris Doctor degree from Mercer University. She was admitted to practice in State Court in 1987 and Federal Court in 1988. Her educational background and experience provide her with the skill to assist her clients in saving money whether it is in Estate Planning, Title XIX benefits, tax appeals or condemnation actions. She is a frequent lecturer on estate planning and Title XIX issues

Attorney Granquist has been a recipient of The Hearts of The Community Award given by Sacred Heart Academy. She is also a past President of the Hamden Chamber of Commerce and is currently an active member of its Women in Business Organization. Attorney Granquist also presently sits on the Board of Overseers for Sacred Heart Academy. She volunteers her time for the Special Olympics and has been recognized by the Connecticut Bar Association for her active membership in the New Haven Legal Assistance Program providing pro bono services to the needy. She has served on the Connecticut Bar Association's Pro Bono Committee and the Community Service Committee, the New Haven County Bar Association Lawyer Referral Service Committee and is a member of the New Haven and Connecticut Bar Associations.