New Jersey & New York Estate Planning Attorneys

Client Care Program

Trust Funding and Maintenance

At Milvidskiy Law Group P.C., we understand that creating an estate plan is a critical step in securing your legacy and protecting your loved ones. However, an estate plan is only as effective as its alignment with your current assets. That’s why we’ve developed our comprehensive Client Care Program to ensure that your assets remain in sync with your estate plan, safeguarding your intentions and providing peace of mind.

The Importance of Funding

A meticulously crafted estate plan can fall short if it’s not properly funded. Funding refers to the process of transferring your assets into your trust, ensuring they are distributed according to your wishes. Without proper funding, assets may not be covered by your trust, potentially leading to probate and unintended consequences.

Imagine you establish a trust but fail to transfer your home into it. Despite your wishes, your home may have to go through probate, causing delays and additional expenses for your beneficiaries. Proper funding can prevent such scenarios, ensuring seamless execution of your estate plan.

Our Services

Our Client Care Program offers a range of services designed to maintain the alignment of your assets with your estate plan. This continuous support ensures that as your life and the law evolve, your estate plan remains effective and up-to-date.

Guided Funding

With our Guided Funding service, we assist you in transferring your assets into your trust. We provide step-by-step guidance, helping you navigate the complexities of funding your estate plan.

If you have multiple bank accounts and investment portfolios, our team will guide you through the process of retitling these assets in the name of your trust. This ensures that all your financial assets are properly aligned with your estate plan.

Full Funding

Our Full Funding service goes a step further by handling the entire process for you. Under a limited power of attorney, we prepare all necessary transfer documents and act as a liaison between you and your financial institutions. This comprehensive approach ensures that every asset is transferred correctly and efficiently.

If you’re busy managing a demanding career or simply prefer to have experts handle the details, our Full Funding service ensures that all your assets, from real estate to retirement accounts, are seamlessly transferred to your trust without requiring your direct involvement.

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Client Care Program Options

Our Client Care Program is designed to provide ongoing representation and support, ensuring your estate plan remains effective throughout your lifetime. We offer various program options tailored to meet your unique needs.

Continuous Representation

Our program entitles you to continuous representation by our firm. We are always available to address your concerns, provide legal advice, and make necessary adjustments to your estate plan.

Regular Amendments

Laws change, and so do personal circumstances. Our program includes regular amendments to your estate plan prompted by changes in the law or significant life events, such as marriage, divorce, or the birth of a child.

If you experience a significant life change, like the birth of a grandchild, we will promptly update your estate plan to include provisions for their future care and education.

Annual Meetings

We conduct annual meetings to reevaluate your estate plan, review your assets, and provide advice on any necessary adjustments. These meetings ensure your estate plan remains aligned with your current situation and goals.

During an annual review, we might discover a newly acquired property that hasn’t been transferred to your trust. We will take immediate action to include this asset, ensuring it’s protected by your estate plan.

Ongoing Coordination

We maintain ongoing coordination with your financial planners and tax professionals to ensure a holistic approach to your estate planning. This collaboration ensures all aspects of your financial life are considered and integrated into your estate plan.

If your financial advisor suggests a new investment strategy, we will work together to ensure these investments are properly titled in the name of your trust, maintaining the integrity of your estate plan.

Trust Protector Services

Serving as your Trust Protector, Milvidskiy Law Group P.C. offers an additional layer of oversight and protection for your trust. Our role as Trust Protector includes:

  • Ensuring that the trust is administered in accordance with your intentions.
  • Overseeing the actions of the trustee to prevent mismanagement or abuse.
  • Amending trust terms if necessary, to adapt to changes in law or circumstances.
  • Resolving disputes between trustees and beneficiaries to ensure the smooth operation of the trust.

Changes in law or unforeseen circumstances can impact the administration of your trust. A trust protector can make necessary adjustments, ensuring that your trust remains effective and aligned with your wishes.

Ensuring Effectiveness

The effectiveness of an estate plan lies in its continuous alignment with your assets and goals. Our Client Care Program is designed to provide you with the highest level of service and support, ensuring your estate plan remains a true reflection of your wishes.

Without regular updates and proper funding, an estate plan can become obsolete, leading to unintended consequences such as assets being subject to probate or distributed contrary to your wishes. Our program prevents such outcomes, offering peace of mind that your legacy is secure.

Contact us today to learn more about our Client Care Program and how we can help you maintain an effective and comprehensive estate plan. With Milvidskiy Law Group P.C. by your side, you can rest assured that your estate plan will always be in perfect alignment with your assets and goals.

Frequently Asked Questions

Real estate syndication is a partnership between investors to pool their capital and expertise to acquire, manage, and profit from real estate properties. Typically, syndications involve a syndicator or sponsor who identifies and manages the investment, while passive investors provide the capital.

Real estate syndications often use structures such as limited partnerships (LPs) or limited liability companies (LLCs). In these structures, the syndicator acts as the general partner (GP) or managing member, and the investors are limited partners (LPs) or passive members.

Real estate syndications must comply with federal securities laws, particularly Regulation D of the Securities Act of 1933. Commonly used exemptions include Rule 506(b) and Rule 506(c), which allow the syndicator to raise capital without registering the offering with the SEC, provided certain conditions are met.

Non-compliance with SEC regulations can result in severe consequences, including fines, penalties, and legal action by the SEC. Additionally, investors may have the right to rescind their investment, forcing the syndicator to return the invested funds, which could be financially devastating.

An accredited investor is defined by the SEC as an individual or entity that meets specific financial criteria. For individuals, this generally means having a net worth exceeding $1 million (excluding primary residence) or an annual income of over $200,000 ($300,000 for joint income) in the last two years with the expectation of the same income level in the current year.

Under Rule 506(c), syndicators must take reasonable steps to verify the accredited investor status of their investors. This can include reviewing documentation such as tax returns, bank statements, or obtaining written confirmation from a licensed professional, such as an attorney or CPA. Rule 506(b) does not require verification but limits the number of non-accredited investors to 35, who must be sophisticated.

The syndicator is responsible for identifying and acquiring the property, securing financing, managing the investment, and ensuring compliance with all legal and regulatory requirements. They are also tasked with communicating regularly with investors and distributing profits according to the syndication agreement.

Returns in a real estate syndication are usually distributed according to the terms outlined in the syndication agreement. This typically includes a preferred return to investors, followed by a split of any additional profits between the investors and the syndicator, often referred to as the “promote” or “carried interest.”

Real estate syndications carry several risks, including market risk, property management risk, and financial risk. Market risk involves changes in the real estate market that could affect property values and rental income. Property management risk pertains to the effectiveness of the syndicator’s management. Financial risk includes the possibility of the syndication not generating the expected returns, which could result in financial losses for investors.

What Our Clients Are Saying

Based on 62 reviews

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My husband and I had a very positive experience working with the Milvidskiy Law Group. They were very knowledge and professional and an overall pleasure to work with. I strongly recommend using this law firm.

Barbara W.

The Milvidskiy team was incredible and I am so grateful for their timeliness, compassion, and patience during such a difficult time for our family. During our time at the hospital, many people talked to us instead of speaking with us, however, their legal team was the exception. I am very impressed with how they navigated the tense situation with some of our family members and felt that their empathy was heartwarming. I will be forever grateful for their help ensuring our grandfather’s wishes were listened to and will be honored.

Thomas B.

Mr. Milvidskiy and his staffs are so professional and helpful all the time. I recommend them highly to anyone.

Phoebi L.

My experience with the Milvidskiy Law Group was a positive one. They were always available to answer any of my questions. If I did have to leave a message or email a question/concern they would always respond back in a reasonable amount of time. I would recommend this Law group!

Teresa W.

This firm was wonderful and I highly recommend them. They took the time to explain everything to me as I set up my Estare plan. They answered all my questions and did not pressure me into anything I didnt want it need. I feel very at ease and relieved that this was taken care. I also know they remain there if I have any questions down the road. All I have to do is call. Best thing I did this year!!

Susan C.

We were very impressed with the serviced we received from the Milvidskiy Firm. They were responsive and very professional. They delivered as promised. We highly recommend them! Their fees are quite reasonable.

Rose F.

Highly recommend using the services of Milvidskiy Law Group! We were pleased with the level of service, knowledge and forward thinking. Mr. Milvidskiy offered creative and thoughtful ideas for us. Thank you!

Elena A.

Estate Planning can be a complicated and technical endeavor for most individuals like myself and my wife. In additon, finding a competent Estate Planner can be equally difficult. However from the outset we were quickly assured that we had selected the right firm to handle all our Estate needs. Our attorney,Andre, and his assistant, Pamela, emphasized, that in order for a plan to be successful, it must be understood in it’s entirerty and it needs to meet all the individual concerns of the client. In that vein technical aspects were explained in laymans terms and all our questions were not only encourgaged but answered fully to our satisfaction. We’ve had experiences with other law firms but by far we found the Milvidskiy Law Group to be Professional, Trustworthy, Experienced In the Law and Genuinely interested in the welfare of their clients.

Sal M.

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