Looking for a compassionate and dedicated attorney? We’re here to help.
At the Law Office of Tina M. James, what makes us different makes us better. We are dedicated to making legal issues easier and giving advice that matters. We will work with you every step of the way to make sure that you understand the choices you are making and feel empowered to make them.
Protecting your family starts with planning. We take the time to ask lots of questions and review your entire estate to help prepare a plan that reflects your goals. Most estate plans include a Will, a Durable Power of Attorney, an Advanced Directive for Health Care/Living Will, and a Trust, if needed. We are committed to helping our clients develop a comprehensive estate plan to meet their needs and the needs of their family.
Losing a loved one is very difficult. We are committed to treating our clients with compassion and respect, as we guide them through the probate and trust administration process. If your loved one has a Will, the original will needs to be filed with the Surrogate Court in the county where your loved one lived at the time of his or her death. If there is no Will, the next of kin will need to open an administration with the Surrogate Court in the county where your loved one lived. The estate administration process involves gathering assets, paying debts, filing tax returns, preparing accountings, making distributions to the heirs or beneficiaries, and then be released from liability. We are here to help with this process during this difficult time.
We are committed to ensuring that individuals are legally empowered to exercise decisions when they are capable. When a person is unable to govern or manage their own affairs, a guardianship may be necessary. Often times family members may need to apply for guardianship when an individual no longer has the capacity to make decisions for him or herself. This is sometimes due to a stroke, brain injury, mental illness, or other medical conditions. Other times, parents or siblings may need to apply for a guardianship when their disabled child, who cannot make his or her own decisions, turns 18 years old. The guardianship process can feel overwhelming. We are here to advise you and your family on best option, and help you through that process.
Special needs require a special lawyer. For a family with a disabled child, estate planning will require special planning to ensure that the disabled adult child’s needs are met without jeopardizing government benefits. If a child inherits money from mom, dad, a grandparent, or other family member, the adult disabled child could be disqualified from receiving government benefits. They would also be disqualified if the disabled adult child receive money under a life insurance policy, retirement plan, or other account. A comprehensive estate plan, which includes a Special Needs Trust, will ensure any assets left to a disable adult child are properly direct to a Special Needs Trust.
In other circumstances, a disabled adult may directly receive an inheritance or may receive a settlement award. A self-settled special needs trust can be drafted, which allows the person to maintain the government benefits, while still benefiting from the inheritance or settlement. There are strict rules and regulations imposed on the special needs trusts, so it is important to have a knowledgeable attorney who can help you navigate these rules and regulations.
Have you dreamed of starting your own business? Have you been working as a sole proprietor and now you're ready to take it to the next level? Starting a business involves more than obtaining a Federal Tax Identification number. We help you select the right type of business organization based on your needs, search available business names, and preparing your business formation documents, such as articles of incorporation, your by-laws, your organizational minutes, and prepare your company records binders.
In addition to helping you form your business, we can also review contracts and draft them for you. This includes customer agreements, liability waivers, service agreements, employment agreements, and other agreements. We help with the legal details, so you can focus on running the business.
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Disclaimer. Use of this website, scheduling a consultation, or sending an electronic message does not create an attorney-client relationship. This website is attorney advertisement and the content is for informational purposes only and should not be construed as legal advice on any subject matter. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not timely hire an attorney to advise you.
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