Portland, Oregon Estate Planning and Elder Law Attorneys
Law Offices of Nay and Friedenberg
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River Park Plaza 6500 SW Macadam Ave., Suite 300 Portland, Oregon 97239 USA |
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(503) 245-0894
(503) 245-1562
www.naylaw.com/
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The Law Offices of Nay and Friedenberg is an experienced, dedicated law firm located in Portland, Oregon. The difference at the Law Offices of Nay and Friedenberg, is personalized service. For example, many law firms offer living trusts as a planning option, but very few law offices actually handle the transfer of assets into the trust
Our approach to estate planning and elder law is to help generations work together without conflict. We strive for excellence in every aspect of our practice, from simple wills or living trusts to more complex matters like probate or Medicaid planning. Practicing law for over 20 years, we are one of the most experienced elder law and estate planning firms in Portland, Oregon.
Because of our personalized service and extra effort, our clients feel like part of our family. We are now assisting the children and grandchildren of families we helped back in the early 80’s. Because of our lengthy experience in Elder Law, we have a distinct advantage of knowing the family history of many of our clients.
Our law firm was there at the start of Elder Law and we continue to remain focused on this area of specialty today. Our firm has one goal – and that us to serve you, your children and grandchildren in the generations to come.
Practice Areas
Additional Practice Areas: Special Needs Settlement Planning, Estate & Inheritance Tax Planning, Guardianships, Conservatorships, Special Needs Planning
Practice Areas Description
The Law Offices of Nay and Friedenberg provides legal services on the following areas of practice:- Elder Law
Elder Law has grown over the past two decades to meet the specialized needs of our older population, predominantly probable long-term care cost planning. Once considered a sub-specialty of estate planning, this field of law has since become independently recognized. Under the umbrella of “Elder Law”, our Attorneys in Portland handle general estate planning issues and advise clients about preparing for alternative decision making documents. Our Attorneys also assist clients in planning for possible long-term care needs including home care nursing, locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure that our clients get quality care they deserve
- Medicaid Law
Medicaid is a combined federal/state program that is included in the Social Security Act. This program provides for a large percentage of our country's long term care needs where particular medical and long term care services are paid for to individuals and families that qualify. Generally, when a person qualifies for Medicaid in Portland, their income and assets has to be applied to their care, but a small percentage of their income can be for personal needs, family responsibilities and other purposes. The Medicaid Attorneys with Nay & Friedenberg have a firm grasp on the medicaid Medicaid laws and regulations that apply to Portland and are also very skilled and experienced with Medicaid to help plan for or clients long-term care needs.
- Estate Planning
In its broadest sense, the term “estate planning” means more than just providing direction for assets and limiting the amount of taxes on an estate upon death. Comprehensive estate planning provides for not only that, but also the management and protection of assets during an individuals lifetime - and how decisions will be made should an individual suffer a disabling illness. For instance, a complete estate plan should include an individual to be appointed as health care power of attorney so someone is accountable for the medical decisions. They also should have a durable financial power of attorney so someone is responsible for asset management, bill paying and other financial affairs. That is where our Estate Planning attorneys in Portland can help.
- Special Needs Settlement Planning
At Nay and Friedenberg, our highly experienced team makes a huge impact for the individual that was injured and their families. As disability lawyers, we work with trial attorneys in resolving their cases in so that the injured does not lose government benefits. Our services begin as soon as the suit is filled. We provide expert witness testimony, and establish a special needs trust as well as management services to provide care for the injured person for the remainder of their life. This allows the trial attorney to focus on the case while we deal with the injured person's lifetime needs and the public benefits they are entitled to. Our services do not compete with those of the trial attorney; rather they complement the effort of the trial attorney and reduce malpractice exposure for that attorney. Our team will work closely with you to reach your goals in an efficient and cost-effective manner so the injured party and their family does not have to worry about proper care.
- Estate & Inheritance Tax Planning
It is said there are two things in life that are certain – death and taxes. And the individuals and families we meet certainly fit that bill because they’re faced with more taxes than they ever expected – like gift, estate and inheritance, generation-skipping, capital gains and the deferred taxes in pension assets such as IRAs. As Estate & Inheritance Tax Planning Attorneys in Portland, we work with our clients so they can eliminate or significantly reduce or postpone unnecessary taxes. But this does not happen without thoughtful planning and effective tax planning.
- Probate
Probate is the court-supervised transfer of assets and property from an individual that has passed-away to his or her heirs and beneficiaries. If the decedent had a will, the will details who receives what from the their family members or friends estate. The individual with a will is said to have died "testate." If the individual did not have a will , Oregon state law will define who inherits the estate at probate court. If an estate ends-up in probate, an attorney identifies who can and should serve as the personal representative for the individuals estate. The attorney then petitions the court on behalf of the family asking the court to appoint the personal representative (executor). Our Probate attorneys in Portland identify who can and should serve as the personal representative, or "fiduciary;" - which is the individual that manages the assets and property of the deceased.
- Guardianships
If you become incapacitated and are unable to manage your own personal needs and health care, decisions have to be made - and they will be made by someone else. If you have not appointed a decision maker, Oregon Law stipulates that a Guardianship be set up. If you wish to have a voice in who your guardian will be, you should nominate persons in order of preference in your Advance Directive or Last Will. The courts typically honor these nomination so your wishes are followed. Nay and Friedenberg has many years of expertise in establishing, defending and administering guardianships, and it is our goal to make sure you get the right guardian to assist you.
- Conservatorships
If you should become incapacitated and unable to manage your financial affairs, and do not have a power of attorney for finances, Oregon law allows the courts to appoint a "conservator", or more commonly referred to as Conservatorships. Someone will have to file a petition with the court to become your conservator. The court will consider whether this person is the best person to fill this role. Typically, the courts will appoint a family member. However, if the court believes there is no family member that is qualified to to be the conservator, the court can appoint a outside party to serve as conservator. In fact, there are persons who make their livelihoods by working as professional conservators. Planning for this event is a smart way to keep decision-making in the family.
- Living Trusts
A Living Trust is an agreement between you , the Trustor, and an individual or entity - the Trustee. This agreement is made while you are physically and mentally capable and it determines how assets placed in the Trust will be managed and distributed. Trusts are an absolute necessity for those with significant assets or for those that own privately held businesses.
- Special Needs Planning
Planning today and for the future can ensure the highest value of life for your family and loved ones with special needs. The Special Needs Planning Attorneys at Nay & Friedenberg use their experience and knowledge of the many public benefits programs in creating special needs plans that will allow the family member to qualify for benefits and still have resources to provide quality of life and peace of mind.
Attorneys
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Ms. Amy Davidson
Attorney Elder Law, Estate and Trust, Estate Planning, Inheritance Law, Personal Property |
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Mr. Darin Dooley
Attorney Elder Law, Estate and Trust, Estate Planning, Inheritance Law, Personal Property |
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Mr. Sam Friedenberg
Attorney Elder Law, Estate and Trust, Estate Planning, Inheritance Law, Personal Property |
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Mr. Doug A. Harrison
Attorney Elder Law, Estate and Trust, Estate Planning, Inheritance Law, Personal Property |
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Ms. Erin Hauck
Attorney Estate Planning |
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Mr. Tim Nay
Attorney Elder Law, Estate and Trust, Estate Planning, Inheritance Law, Personal Property |
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Mr. Garvin Reiter
Attorney Elder Law, Estate and Trust, Estate Planning, Inheritance Law, Personal Property |
More Information on Law Offices of Nay and Friedenberg
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