Legal Guidance for Every Stage in Life
Our Practice Areas
Navigating the challenges of aging, allocating your assets, planning your long-term care, buying and selling real estate, or starting a business can be complex and overwhelming. At Glenn & Breheney PLLC, our attorneys are committed to guiding every client through their unique legal journey ‒ always with a friendly, personal touch.
Located in Newburgh, NY, our law firm provides counsel and representation in the areas of estate planning and elder law, estate and trust administration, guardianships, advance directives, real estate, and small business law.
Practice Areas & Legal Services
No matter the legal challenges ahead, the attorneys at Glenn & Breheney PLLC
are ready to stand by and guide you throughout the journey.
Estate & Trust Administration
After a loved one passes away, executing their final wishes can be emotionally burdensome. Whether your family member left behind an estate or assets held in a trust, our attorneys will provide compassionate legal services in your time of need.
If your loved one does not have a will, then their estate will be handled with an Administration Proceeding in Surrogate’s Court. This process appoints an Administrator to represent the estate, conduct estate business, and distribute the assets according to New York Law.
The process where a trustee manages and distributes assets according to the terms dictated by a trust is called trust administration. Unlike estate administration which can span many months, trust administration can span many years, depending on the situation. It is our priority to ensure your trust assets are properly managed and distributed according to your wishes.
We help every unique client develop a self-directed plan for the future that meets their immediate and long-term needs and fulfills their peace of mind.
Over the past decade, our firm has been involved in countless guardianship matters, acting as Court-appointed counsel to the Alleged Incapacitated Person (AIP) and as Court Evaluator, or representing Petitioners, Objectants, and Guardians. A Court Evaluator’s role is to interview subject AIPs and parties as well as investigate petitioners claims prior to the proceeding. The evaluator then makes a report to the Court and recommends whether there is a need for a guardian and who can be appointed.
Glenn & Breheney PLLC represents individuals who wish to become guardians, as well as adverse parties and individuals alleged to be incapacitated. We’ll help you explore your options and gather all relevant information to facilitate the desired outcome. We also provide ongoing counsel, representation, and assistance when it comes to fiduciary duties and selling or protecting property.
To be prepared for unintended illness, disability, or death, an estate plan can safeguard your assets and carry out your final wishes. By working closely with you early on in the process, we can avoid problems before they arise and develop proactive solutions that can help your loved ones overcome potential obstacles in the future.
Our attorneys can assist you in the following areas:
- Creating & administering wills & trusts
- Establishing a Power of Attorney or Health Care Proxy
- Appointing guardianship
- Asset protection
- Tax planning
Our goal is to develop a strong understanding of you, your assets, your family, and the relationships that matter most to you. We’ll personalize a well-constructed, organized plan that will fulfill your wishes and the immediate and long-term needs of your loved ones.
Health Care Agent
In the event of your incapacitation due to unexpected illness or disability, a HCA can make health care decisions for you. Before appointing a health care agent, it is important to consider and discuss with them if they are willing to abide by your wishes should the need arise. In order to act as your healthcare agent, an individual must be 18 or older. A Health Care Aroxy can be revoked at any time and an agent’s power can be limited with special instructions.
Power of Attorney
A Power of Attorney (POA) can make financial decisions for you and take action on your behalf. Unlike a healthcare proxy, your Power of Attorney should be drafted by an attorney.
Due to the complex legal issues involved, we believe you should have an attorney draft your Power of Attorney. You can give limited or extensive powers to your Agent under Power of Attorney. You have the right to amend or cancel the Power of Attorney in time. Having a Power of Attorney may avoid having to go through an expensive guardianship proceeding if someone must act for you.
Our attorneys are committed to fulfilling your wishes, protecting your rights, and providing a strong legal format to address emotional and complex family issues that may arise.
There are many uses for a trust in estate planning and there are various reasons for establishing a trust. Establishing a trust can help you protect your assets and make sure they are distributed according to your wishes. This legal arrangement transfers assets to a Trustee to hold and manage for Beneficiaries according to instructions that are given in a Trust document.
Trusts have many different functions. Some are irrevocable, meaning they cannot be changed, whereas revocable trusts can be altered or revoked by the Grantor, Settlor or Creator of the trust. A common revocable trust is one that holds assets to allow the client’s estate to avoid probate.
Drafting a trust is never a one-size-fits-all solution. When it comes to managing, distributing, and protecting your assets, our attorneys will analyze your unique situation, familial needs, and long-term goals and help you choose the right type of trust to fulfill your desired outcomes.
Creating a will is a sensitive and highly personal journey. A Will is the most commonly used device to carry out an individual’s last wishes. A common misconception is that the State will “get everything” if you do not have a will. In reality, the law dictates that, in the absence of a will, certain family members will inherit. Who the legislature has determined will inherit your estate, if you have no will, may not be the persons you would have chosen to receive our assets.
The attorneys at Glenn & Breheney PLLC will guide you and help you explore your options in allocating your estate, assets, and final wishes. When it’s time to make an informed decision that will impact your loved ones and their futures, we’ll be there to lend a compassionate, guiding hand.