Brooklyn Trusts, Estate & Asset Protection Attorneys:
... because the benefits of your hard work should go to your kids, not somebody else's
Plan Your Estate
Money can create an immense amount of security and joy…
…or an equivalent level of pain and destruction of family relationships. Frequently so much is wasted on taxes, medical expenses, creditors of your beneficiaries and poor management decisions that nothing good or bad is accomplished other than wasting everyone’s time and all your money.
It’s sickening to see a person go though a lifetime of self-deprivation for the benefit of their family, only for the money to be distributed to their heirs’ creditors after their death, with nothing going to the people the money was for. The success of your estate planning is a function of the care and strategy with which your estate is planned. Most lawyers don’t even understand the basics of estate planning, and asset preservation and protection. Possibly not even Medicaid planning. At our firm, we practice is many areas including real estate, bankruptcy, collections/creditors’ rights, estate planning and probate law. Nothing is 100%, but we can certainly get you a lot closer to your goal than other law firms.
Last Will & Testament
Deter long, costly court battles and family feuds. Make your wishes known now.
Minor Guardianship Plans
Make arrangements for temporary/permanent guardians if you’re incapacitated.
General Powers of Attorney
Appoint a trustworthy person to make decisions for you if you’re incapacitated.
Medical Powers of Attorney
Ensure someone you trust carries out your wishes & makes the big decisions.
Tangible Personal Property List
Avoid family feuds. Make sure your loved ones each get what is meant for them.
Counsel on Charitable Gifts
Specialized tax & insurance strategies multiply the value of charitable gifts.
Make a Claim Under a Will
If you think you might have a claim under a will…
…or if someone died without leaving a will and you think you might have rights, it is very important that you use an attorney who will formally protect your rights under the law. Even more seriously, fraud is very common when it comes to wills and you want to work with a law firm that knows what to look for and will bring to your attention inconsistencies and possibly make you aware of assets you would never even know existed.
Claim Your Legal Inheritance
File a proper claim. Discover your rights & benefits. Potentially be executor.
Establish Your Legal Kinship
Prove your kinship. See the assets, make a claim, possibly challenge the will.
Assert Your Spousal Rights
Your right of election defeats trusts & other mechanisms if claimed properly.
Get Information About The Will or Trust
An ounce of daylight cures a pound of fraud. Assert your rights. See the will.
Contest a Will or Trust
When the will is read, it is oftentimes entirely different from the wishes expressed by the person during their lifetime.
It is common for caregivers and family members to take advantage of dependent seniors, tricking them, threatening them or just plain harassing them into signing papers against their will. Sometimes they have memory loss and don’t even know what they signed.
In many cases the property in the will has already been transferred out of the decedent’s name and the will is worthless. In other cases people modify the will after it was executed, or hide the latest version of the will entirely when it suits their purposes. Cash, art, antiques and jewelry disappear and nobody knows where it is.
Here at The Bailyn Law Firm, we can challenge wills and trusts, finding inconsistencies and digging up the evidence needed to return cash, real estate and other tangible property to the people it rightfully belongs to.
Fraud is simpler to prove than some believe. Fraud oftentimes voids the will.
It is illegal for caretakers & trusted individuals to threaten elderly people.
Prove emotional, physical & financial abuse. Stop cruelty from being rewarded.
Theft / Embezzlement / Conversion
Theft by fiduciaries & relatives is too common. Gain recovery & reimbursement.
Lack of Capacity
A will made by someone with severely impaired brain functioning can be voided.
Challenge a Trustee, Investment Manager or Other Fiduciary
Trustees, investment managers and other fiduciaries typically are in a position to spend other people’s money with little or no close supervision.
This oftentimes puts them in a conflict of interest. They spend it in ways they would never spend their own money, racking up high commissions, doing favors for their business associates and sometimes earning additional compensation for themselves that was never intended. Oftentimes these people become hostile, evasive and even violent when asked for statements, accountings or really any information about what they’re doing.
In such a situation you have to come in with guns blazing. Our firm will make formal written demands for statements, account for all of the assets, especially checkbooks and bank statements, and investigate where the money has gone. If it has been mismanaged or stolen, you’ll want to transfer it elsewhere and possibly we’ll have the fiduciary removed and bring an action for recovery of the wasted/stolen assets. Possibly there could be criminal charges if it’s an embezzlement situation.
Breach of Fiduciary Duty
Mismanagement, abuse of assets or discretion. Failure to disclose information.
Demand an Accounting
Let us deal with a hostile fiduciary. We’ll investigate & account for assets.
Mismanagement, Self-Dealing & Conflict of Interest
Stop inappropriate self-enrichment, personal loans and excessive compensation.
Theft, Embezzlement & Conversion
Stop theft/fraud. Demand repayment & asset return. Criminal charges possible.
Remove a Trustee or Fiduciary
Petition the court for fiduciary removal & transfer of assets to protect them.
Force Repayment By Trustee or Executor
Compel fiduciary to return or repay wasted or stolen money or assets.
Compel Trustee To Make Disbursements
Finalize the estate, account for the funds & make distributions as required.
Unfair Treatment of Beneficiaries
Unfair distributions. Fraudulent appraisals. Refusal to account. Fight back!
Compel Trustee To Perform Their Duties
Remove a fiduciary or compel them to behave via court order. No more abuse.
Creating trusts is truly an art.
Trusts can be used to accomplish many different purposes from charitable goals to asset protection to taking care of a pet or needy person. Trusts can have a huge number of problems depending on how they are structured. You can make a trust with a page or two of paper, or include 100 pages of rules and procedures and protections. If you want quality, intelligent trust documents that achieve your goals then we’re a phone call away.
Keep your assets private. Distribute them automatically. Avoid probate court.
Revocable and Irrevocable Trusts
Enjoy tax benefits, protection from creditors, privacy & probate avoidance.
Trusts For Minors
Fund future care, support & education of minors, save taxes & retain control.
Special Needs Trusts
Support your disabled loved one without losing their government benefits.
Make financial arrangements for your pet’s well-being & even pick a guardian.
Charitable Trusts & Foundations
Create your own charity. Exercise maximum control over the use of your gift.
Legal Representation For Estate Administrators
Managing other people’s money is a minefield and for those of us who are honest, a thankless job.
You can become liable for more money than you even were eligible to receive as your fee for your work. And it can happen in ways that are unpredictable and out of your control, such as wrongful actions taken by other people working with you or failure by you to take seemingly nonsensical actions that you had no way of ever knowing you needed to take.
That is why people who have any level of experience with this kind of thing usually seek the advice of an attorney when they take on the responsibility of managing the estate. They simply don’t wish to take unnecessary risks and will invest some of the estate’s money in a good lawyer for the profit and benefit of all concerned. Here at The Bailyn Law Firm we have a wide field of experience that makes us a great choice as your probate counsel.
Representation of executors & trustees in legal proceedings
Defend yourself against removal attempts & breach of duty personal liability.
Legal advice & opinions
Understand your rights and duties. Avoid personal liability. Get what’s yours.
Modification/Termination of Trust Instruments
Terminating or amending a trust can be complex and risky. Don’t do it alone.
Sales & Transfers of Trust Assets
Keep everything clean: propper appraisals, tax management, fair distribution
Bradley R. Bailyn, Esq. , Founder
Bradley Bailyn's legal expertise runs the gamut from basic wills to
living trusts to full-scale creation and administration of charitable
foundations. Mr. Bailyn and his firm represent individuals creating
wills and trusts, trustees, executors, administrators, foundation
officers and directors, investment managers any all other fiduciaries.
Of course, people who are simply beneficiaries under a will and
seeking to claim their inheritance are represented.
Mr. Bailyn understands that money should be used for good, and strives to create airtight structures that make for the most pleasant possible transfer and use of funds. The Bailyn Law Firm works hard to protect fiduciaries from unreasonable challenges and advise on the safest, most constructive path forward. Unfortunately not everybody is so careful, and sometimes money brings out the worst in people. For this reason, The Bailyn Law Firm also helps to challenge wills and trusts, remove fiduciaries and sometimes even recover money which has been embezzled.
Mr. Bailyn attended NYU's Stern School of Business and Brooklyn Law School. Mr. Bailyn is a member of the New York State Bar Association and the American Bar Association, and proudly provides pro bono legal services for community-based organizations.
How can we help you?
The Bailyn Law Firm, P.C
6301 Mill Lane
Brooklyn, NY 11234
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