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Estate Planning, Trusts & Estates, Elder Planning & Asset Protection

Due to recent changes in the estate tax and Medicaid laws at both federal and state levels, it has become more important than ever to work with estate & elder planning lawyers who understand the ins and outs of the tax and Medicaid laws. Whether your estate is a few hundred thousand dollars or multi-millions, you should have an estate and asset protection plan designed to avoid probate court, eliminate unnecessary exposure to liabilities (including tax and nursing home liabilities), qualify you and your family for available benefits and pass your estate to the next generation in the most efficient manner possible, all while avoiding family disagreements. With a properly executed plan, questions are eliminated and answers become clear.

We Are Here For You
At Vieira & DiGianfilippo Ltd., our attorneys and paralegals know the laws and are committed to helping our clients preserve their legacy of financial security for future generations. We will help minimize estate taxes, administrative fees and court costs, qualify for benefits, maximize your family’s protection from divorce, creditor and nursing home claims and - most importantly- give you peace of mind. We may not know what tomorrow will bring, but with a well-designed and implemented estate and asset protection plan, you can be certain that your dependents, family and estate will be protected and taken care of the way you want them to be.

Our Strategies Are Diverse and So Are Our Clients
Estate planning and asset protection strategies are client specific. Strategies that work for key executives of large companies or disabled individuals may or may not be appropriate for the owner of a family business, the venture investor, the retiree worried about losing his assets to nursing home expenses, young parents  desirous of providing a future for their children, or individuals in a second marriage or a long-term relationship situation. Personal issues influencing planning also may include children of different ages or circumstances, family members suffering for disabilities or other incapacities, the desire to preserve a family vacation home, the intention to maintain a tradition of charitable giving or the family’s particular exposure to divorce or other liability claims. Clients in different stages of their lives have different wealth and asset planning concerns. We have the ability and the know-how to ensure planning needs are satisfied.

Our Extended Family
Our goal is to ensure that every client feels comfortable with his or her representation. Working by our sides are skilled paralegals and accountants who understand and value the confidential relationships surrounding complicated family and personal issues. In addition to drafting estate planning documents and settling estates, we provide a full range of in-house tax services, including tax return preparation and filings and tax advice designed to minimize estate and gift taxes by utilizing all available discounts, deductions and credits. We work closely with accountants, financial planners, insurance agents, and professional appraisers of business interests and real estate. We have long-standing relationships with substantial public charities and private foundations with respect to ongoing administrations and complex transactional matters. With all of our close-knit relationships, our clients can be confident that their family wealth can be preserved.

More to Estate Planning Than Just A Will
Although wills and trusts remain essential, estate planning is no longer limited to these standard documents. It encompasses related areas such as the impact of generation-skipping tax, income tax, employee benefits, business planning, charitable giving and so on. Whether your estate is modest or substantial, we can establish vehicles that will provide financial support to children, grandchildren and future generations.

Delays Can Be Avoidable
Estate settlement is extremely important. It often takes six to eight months to settle the estate of an individual who has died without a taxable estate and between fourteen months and two years to settle the estate of an individual who has a taxable estate requiring the filing of federal and state estate tax returns. Our forte is to make certain that a decedent's assets are distributed in accordance with his will and/or trust or if he dies without a will and/or trust to make certain that the decedent's property is distributed in accordance with the state's laws governing intestacy as quickly and efficiently as possible.  And we always do our best to position our estate planning clients so that they avoid Probate in the event of incapacity or death.

Involuntary Philanthropy... Estate Taxes
Continuing changes in tax laws at both state and federal levels have made estate planning and estate administration increasingly complex. President Bush's Economic Growth and Tax Relief Reconciliation Act has impacted the tax laws. Changes in exemptions and lowered tax rates began in 2002, but more substantial benefits have been postponed for several years. The complete estate tax repeal is targeted for 2010, but gift taxes will remain in effect and estate taxes may return in 2011 with a lower exemption than is now in place. Moreover, irrespective of the future of the federal estate tax, Rhode Island and Massachusetts now have their own independent estate taxes, with substantially lower exemptions than the federal exemption. These state-level taxes alone are significant enough to warrant planning, and the planning must be specially coordinated to work with the federal tax. Thus estate and gift planning over the next few years is likely to become more complicated. For this reason alone, our attorneys, many with decades of experience, have invested considerable time studying the tax law changes and analyzing the implications of these changes.

We Go Above and Beyond
Our Trusts & Estates Attorneys have bar memberships in Rhode Island, Massachusetts and Florida, and they have extensive knowledge of state and federal laws. We are able to provide or obtain representation far beyond the client's home state and serve clients with assets in various locations. There are times when it is up to us to determine if probate court proceedings are required. Families need experienced and sensitive counsel during difficult times. Our goal is to counsel the client in complying with all legal and related aspects of their personal situation.

Become One of Our Clients
The Trusts & Estates Group welcomes questions and inquiries about our capabilities and services.

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