ESTATE PLANNING
You and your Family can rest assured knowing our team at Nalli, Elias & Associates, P.C., has devoted our careers to all matters and aspects relating to Estate Planning.
Trusts, Wills, Living Wills, and Powers of Attorney are typically part of Estate Planning. Other related elements may also include Irrevocable Insurance Trusts, Testamentary Trusts, and Special Needs Trusts.
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We are experienced and highly-skilled at solving these complex issues through creative and innovative ways -- all in the name of helping you achieve your goals.
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Please click these special links for more detailed information:
ELDER LAW
Over the past 20 years, a new and extremely important sub-specialty of estate planning has developed known as Elder Law. Without question, the most frequent estate planning questions that lawyers face are how to best serve the legal needs of Western Pennsylvania’s growing elderly population. In particular, lawyers are frequently asked to discuss the effects on the assets of a loved one should they enter a nursing facility. In our experience over the years, the following are the frequently asked questions in the area of elder law:
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How is nursing home care funded in Pennsylvania?
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What is the difference between Medicare and Medical Assistance?
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What happens to my assets, including my house if I should enter a nursing facility?
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Does the “state” or the Department of Welfare place liens or otherwise take my loved one’s residence if he or she enters a nursing facility?
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Can I make gifts of my assets such as my house, stock, or money to my loved ones if I or my loved ones are faced with entering a nursing facility?
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How can I protect my or my loved one’s assets without jeopardizing one’s eligibility for Medical Assistance and other long-term care services?
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What is “Long Term Care Insurance” and how does it function to protect my assets in the event that I or my loved one must enter a nursing facility?
At Nalli-Elias Law, we work hard to answer all of the above questions for our clients, as well as provide competent and practical legal advice, while handling each client situation with compassion, given the delicate nature of these circumstances.
Our Process:
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In the initial client consultation, we will meet in our offices or in the privacy of your own home to ask about you or your loved one’s asset information, as well as a family background on our questionnaire.
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Provide recommendations and strategies to you and/or your loved ones for preserving their assets to the fullest extent permitted under Pennsylvania and Federal Law.
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Follow up with you and/or your loved ones to insure that such recommendations and strategies are implemented.
ESTATE PROBATE OR ESTATE TRUST ADMINISTRATION
In addition to the tremendous grief that a family experiences upon the death of a loved one, additional pressures are placed on the family to efficiently and promptly settle the estate affairs of their deceased loved one. At Nalli-Elias Law, we will competently and efficiently work with you and your family to settle the estate affairs of your deceased loved one.
In addition to assisting you with the legal analysis of your loved one’s Last Will and Testament or Trust, we will discuss in great detail the process of probate and estate administration with the person who is in charge of handling the affairs of the deceased loved one’s estate known as the Executor, in the case of a will, or a Trustee, in the case of a trust., a process that may take several months to complete. If your loved one died without a will, known in the law as dying “intestate”, we will examine the Pennsylvania intestate laws to determine which persons are entitled to a share of your loved one’s Estate, and work with the person stepping forward to handle their loved one’s affairs, known as an Administrator.
During this several month-long process, we will ensure that all assets are properly liquidated and/or transferred; death tax returns are correctly prepared and timely filed, all receipts and disbursements are accounted for with accuracy and precision, and, ultimately, your loved one’s estate is settled according to their Will, Trust, or Pennsylvania intestate laws. More importantly, during this process, we will assist you at all times in providing legal guidance in settling your loved one’s affairs.
With state of the art accounting software and a competent staff, we will bring peace of mind to you and your family in knowing that the estate affairs of their deceased loved one are handled compassionately and competently.
Our Process:
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At our initial client consultation we will examine the estate planning documents of your deceased loved one and complete our detailed Estate Questionnaire.
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We will meet with the Executor named in the Will or the person stepping forward in the case of a person dying intestate, to petition for his/her appointment as the personal representative of their loved one’s estate at the Courthouse in the County in which their loved one died.
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Provide notice to all heirs and interested parties under the will, trust, or Pennsylvania Intestate Law.
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Assist with the liquidation of the deceased loved one’s assets, including the assistance with the sale of any real estate.
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Determine how much Pennsylvania Inheritance Tax is due and payable, if any, and ensure that an early Inheritance Tax payment is made, if possible, within three (3) months of the deceased loved one’s death to ensure a discount.
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Determine if any creditors or claims exist on the estate, and if so, make arrangements for the disposition of such claims.
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Prepare an Accounting of all receipts and disbursements within the estate.
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Prepare the legal documents necessary for the prompt and efficient settlement of the estate.
GUARDIANSHIPS
As Western Pennsylvanians live longer, unfortunately, sometimes that does not translate into the quality of life one may be accustomed to living. In certain situations, a person’s health and ability to handle one’s affairs may rapidly or unexpectedly deteriorate to a point where a family’s only recourse to continue handling their loved one’s affairs is to seek appointment by the Court as their loved one’s Guardian. The appointment by the Court of a Guardian over financial and/or medical affairs of a loved one is a last resort that should only be considered if all other methods have failed.
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At Nalli-Elias Law, we will provide you with competent and compassionate representation in the process of being appointed your loved one’s Guardian. We will explain to you the Guardianship process, as well as provide to you a complete discussion of the different types of Guardians and their functions,.
In addition, we will provide you continuing representation after you have been appointed Guardian over your loved one to ensure that your administration of your loved one’s affairs is done efficiently, properly and in accordance with Pennsylvania law.
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Our Process:
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Meet with the prospective Guardian of the alleged incapacitated person and discuss with the prospective Guardian the medical and physical limitations of the alleged incapacitated person, and what type of Guardianship support is necessary to protect the interests of the alleged incapacitated person.
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Depending upon the circumstances surrounding the alleged incapacitated person, determine if it is appropriate to petition the Court for the prospective Guardian to be appointed as emergency Guardian pending a full Guardianship hearing.
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Prepare a Petition for appointment of the prospective Guardian and obtain a hearing date from the Court.
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Take testimony from the treating physician of the alleged incapacitated person, which confirms the alleged incapacitated person’s need for Guardianship services.
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Present to the Court the testimony of the prospective Guardian and the testimony of the treating physician of the alleged incapacitated person in support of the appointment of the prospective Guardian as Guardian of the alleged incapacitated person.
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Provide continuing legal services to the Guardian after appointment to ensure that the Guardian complies with its fiduciary obligations under the law.
CRIMINAL LAW
Being charged with a crime is an overwhelmingly stressful event to be burdened with. Good people make mistakes or get caught up in the criminal justice system. When this occurs, you need a diligent and competent criminal law attorney to protect your rights.
Our practice of criminal defense consists of providing our clients with the best legal protections for those who will be or have been accused of committing a crime. In choosing us to represent you in your case we can help to balance out the extensive resources law enforcement agencies and government prosecutors have at their disposal. We will diligently represent you from the inception of your case all the way through trial, if necessary. In the alternative, we will assist you in getting the fairest plea offer that is warranted in your case. We are compassionate, understanding and judgment free. We possess excellent negotiating and trial skills that are unparalleled.
We provide clients with legal advice, counseling, representation, and defense for all types of criminal matters in state, magistrate, and juvenile courts, including but not limited to:
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Driving Under the Influence
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Traffic Offenses
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Drug Offenses
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Aggravated and Simple Assaults
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Thefts
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Fraud
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Juvenile Matters
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Protection from Abuse Violations
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Probation Violations
Our Process:
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Meet with you to discuss the type of charges you could be facing or are facing.
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Review the elements of the crimes and the possible defenses available to you.
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Review the possible outcomes, case progression and sentencing potential.
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Appear at Court proceedings and prepare Motions when appropriate in your case
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Prepare and proceed to trial when needed.
BUSINESS FORMATION + SUCCESSION PLANNING
It is very refreshing to work with clients who have the ambition and the dream to start their own business. Of course, anytime a person starts their own business, legal issues come to the forefront. The most important legal issue at the outset is the choice of legal entity for the given business.
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For example, a business may choose to form a corporation, a limited liability company (LLC), or a limited partnership. Each of these types of entities has their own unique characteristics, advantages, and disadvantages. At Nalli-Elias Law, we will work with you and the type of business that you are involved in to place you in a business entity that best suits your situation.
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In addition to formation of your business entity, we will work with you and your business after its formation to function as your legal counsel. In this capacity, we will assist with preparation of form agreements, review of contracts, collection of debts, and general legal counsel and advice when requested. We will also work with your accountant and other professionals to ensure that your goals and objectives are met.
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At Nalli-Elias Law, we also have extensive experience incorporating and counseling non-profit organizations. We will work with you to discuss the incorporation of your non-profit entity, filing the necessary forms with the PA Department of State and the IRS.
Our Process:
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Meet with you to discuss the type of business as well as the persons involved in your business.
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Recommend a particular business entity for your type and model of business.
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Prepare the necessary legal documents essential to properly form the desired business entity.
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Provide continued legal advice and counsel after formation of your business