Family Law

• Divorce
• Guardianship
  For some members of our society, legal protection may be necessary even after they have entered adulthood. These individuals may have been injured in an accident, continue to suffer from an incapacitating physical illness or psychological disorder, or have some other condition that prevents them from caring for themselves. In these cases, a guardianship may be established.

Criminal Law

• Forgery
  Assuming that a will is presented for probate, the testator's survivors still may challenge it in court, although such challenges are relatively rare. Challenges cannot be founded on the will being unfair, or because a devisee did not get what he or she wanted; there must be a legal basis for the claim. Sometimes, a will challenge is based on the testator's mental competence at the time he or she made the will. Generally, however, all the estate must show is that the testator was of sound mind and memory when the will was made, which often can be supported by testimony from the will's witnesses. The will's challenger bears the burden to prove otherwise. Another possible challenge asserts that the testator was subjected to fraud, coercion, or undue influence when he or she made the will; these claims usually follow the marriage of an elderly person to a much younger individual of strong personality. Ambiguities in the will's text charges that the will presented for probate is a forgery or does not meet statutory requirements are other bases for will challenges.

Business and Corporate Law

• Limited Liability Companies

Health Law

• Personal Injury
  Yes, you should still establish a Special Needs Trust to protect your disabled beneficiaries from potential creditors. For example, if your disabled beneficiaries are ever sued in a personal injury action, the assets in the trust would not be available to the plaintiffs. Furthermore, because the funds in the Special Needs Trust are not countable as available assets for purposes of determining government benefit eligibility, more of your money can be used for those supplemental expenditures that will allow your disabled beneficiary to enjoy a higher quality of life. Otherwise, much of your assets will be used to pay for private care benefits that are extremely expensive and can drain even significant sums of money over time.
• Social Security Disability
  Mia, a member of the Massachusetts and Rhode Island Bars, has practiced law since 1988, representing clients in a broad range of matters, including estate planning, elder law, probate and estate administration, trusts and wills, social security disability, long term care and nursing home planning and guardianships. Her special concentration is in helping elders remain in their communities as long and comfortably as possible.
• Medicaid Planning
  No two families are the same. Therefore, we carefully evaluate our clients' unique circumstances and goals and then guide clients through the process of creating an individualized plan that meets their specific needs. With the help of a Certified Elder Law Attorney, you can be sure that your family and your interests are properly cared for. Contact our Providence, Rhode Island law firm to schedule a consultation with a skilled local Medicaid planning lawyer.

Trusts and Estates

• Estate Planning
  Providence, RI New Bedford, MA Cape Cod Estate Estate Planning for High Net Worth Individuals Attorney Lawyer Law Firm
• Wills
  A Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court.
• Trusts
  Our law firm can help you set up a Special Needs Trust so that government benefit eligibility is preserved while at the same time providing assets that will meet the supplemental needs of the person with a disability (those that go beyond food, shelter, and clothing and the medical and long term support and services of Medicaid). The Special Needs Trust can fund those additional needs. In fact, the Special Needs Trust must be designed specifically to supplement, not replace public benefits. Parents should be aware that funds from the trust cannot be distributed directly to the disabled beneficiary. Instead, it must be disbursed to third parties who provide goods and services for use and enjoyment by the disabled beneficiary.
• Power of Attorney
  Future Durable Power of Attorney that only comes into effect upon your subsequent disability as determined by your doctor. When you appoint another individual to make financial decisions on your behalf, that individual is called an agent or attorney in fact. Most people choose their spouse or domestic partner, a trusted family member, or friend.
• Probate
  Hiring a lawyer to facilitate the probate and estate administration process can be helpful in relieving burdens. However, it can be expensive and lengthy if not managed by a truly experienced probate lawyer. At Fletcher Tilton, you can be certain that your interests are being represented by skilled attorneys working to resolve the probate as efficiently as possible with your finances in mind. We provide local assistance at reasonable rates. Contact our Providence, RI and Southeastern Massachusetts probate law firm for guidance from a skilled estate administration attorney.

Finance Law

• Tax Law
  An outdated will may not achieve its original goals because its underlying assumptions have changed. Additionally, changes in probate and tax law may change the effectiveness of certain provisions. If a will is based on outmoded circumstances, for example if a chosen devisee has died or has alienated the testator, the probate period may be extended as the court determines how to construe the old provisions. Wills should be reviewed at least every two years, as well as upon major life changes such as births, deaths, marriages or divorces, and major shifts in a testator's property. Because state law governs wills, if a testator moves to another state, the will should be reviewed for compliance with the new state's laws.