Wills, Trusts & Estates

Our firm practices in the areas of trusts, estates and elder law. We help clients with all facets of estate planning such as drafting wills and trusts that are created during life and implement trusts that are created after one's death. We handle the administration of estates and trusts, probate wills; represent clients who oppose or object to the probate of a particular will or its handling by the appointed executor; assist clients in protecting assets, preparing Medicaid applications and securing Medicaid benefits; represent disabled individuals and their loved ones in the preparation and implementation of special needs trusts and supplemental needs trusts and handle guardianship matters. I am happy to help clients in these areas.

• Nolo Document Review

• Savings & Thrifts

• Estate Taxes & Gift Taxes
• Tax Planning

• Charitable Giving
• Charitable Trusts
• Drafting Trusts
• Drafting Wills
• Estate Administration
• Estate Planning
• Living Trusts
• Living Wills
• Probate
• Asset Protection
• Guardianship
• Power of Attorney
• Business Succession Planning
• Special Needs Trust
• Supplemental Needs Trust
• Revocable Trust & Irrevocable Trust

NY, Jan 1980
Bar Number: 1692474

I am licensed to practice before all New York State Courts and the United States District Courts for the Southern and Eastern Districts of New York, and over the years have secured various pro hac vice admissions to practice in other states.

I am the co-chairperson of the Elder Law Committee in Nassau County and also serve on related committees of the Queens and Suffolk County Bar Associations. I am a member of the New York State Bar Association and serve on its Trusts & Estates and Elder Law Committees. I belong to the National Academy of Elder Law Attorneys.

I am frequently the moderator, organizer or speaker at continuing legal education seminars. The topics have included estate planning, elder law, end-of-life decision making and guardianships. I also attend continuing education seminars on all of the topics that embrace the areas of law in which I practice. I always exceed the required number of hours.

Maureen and I publish a newsletter, entitled "A Step Ahead," four times each year. The issues are all posted on our website at http://www.berwitz-ditata.com/articles.html. Our website also posts other articles that we have authored.

Our estate planning practice encompasses a wide variety of family and economic situations: We work with single individuals, married couples young and old, same sex couples, second marriages, people facing retirement, grandparents, people for whom complex estate and asset protection planning is beneficial and others whose estates are quite limited.

We assist families with disabled children who require legal guidance and counseling at several intervals in life, such as when the children reach the age of majority and the parent(s) seek appointment as legal guardian(s); when assets must be protected, in supplemental needs and special needs trusts, so as not to interfere with governmental benefits and entitlements; and when the parents age and need to arrange for the future advocacy and care for their child.

We do Medicaid planning and prepare Medicaid applications. We design and assist individuals and families in designing and implementing strategies to protect and preserve the maximum portion of their assets before qualifying for Medicaid benefits.

We represent our clients in securing guardianship for ill and incapacitated loved ones and assist the guardian in the preparation and filing of reports and annual accountings.

On the litigation front, we represent executors in probate proceedings, administration proceedings and trustees and work with them to ensure that the decedent's intent is carried out. We represent fiduciaries against whom claims have been made for improper conduct in the administration of an estate or trust and bring actions against executors, administrators and trustees who have acted improperly.

3

New York

Maureen and I have each been in practice for more than 25 years. We are both seasoned litigators and practitioners who combined our separate practices to form Berwitz & DiTata LLP in 2000, dedicated to the practice of what we call "Preventative Law," helping clients avoid the mistakes that waste wealth and diminish dignity.

The law firm of Berwitz & DiTata LLP is uniquely qualified to help solve problems relating to estate, retirement distribution and Medicaid planning, probate and estate administration and elder law. Our senior partners, Maureen Rothschild DiTata and I, are seasoned counselors and litigators and we devote our practice to:

• Preparation of wills, living wills and durable powers of attorney
• Asset preservation and planning to minimize estate tax liability.
• Creation and implementation of trusts.
• Medicaid Eligibility planning/preparation of Medicaid applications.
• IRA, 401k and Keogh distribution planning.
• Guardianship, probate, will contests and administration of estates and trusts.

My first position out of law school was as an Assistant District Attorney in the Bronx County District Attorney's Office under Mario Merola. After five years with that office, I moved into private practice at a small New York City litigation firm. It was there that I drafted my first will and discovered how satisfying it is to help people achieve their goals. I left that firm and joined a larger firm where I became better versed in trusts and estate matters. As a result of these experiences, when I ultimately opened my own law practice, I knew that I wanted to focus my practice in estate planning, elder law, probate and trust administration, Medicaid planning and related litigation. In this way, I knew that I could make a real difference in people's lives and give them peace of mind. Whether I am creating wills and other estate planning documents, implementing trusts to protect assets, helping families deal with the difficult transitions when a loved one has passed away or is no longer capable of independent living, my creative solutions, understanding and compassion are an asset to my clients and an aide to them in maintaining dignity. My background as a litigator has given me a unique perspective that enables me to create defensive estate plans in circumstances where an objection appears to be likely. That background has also enabled me to assist people who have improperly been deprived of an inheritance. In sum, I could not have chosen a more rewarding career -- one that allows me to help people accomplish their goals.

I am a co-chairperson of the Nassau County Elder Law, Social Services & Health Advocacy Committee of the Nassau County Bar Association. I am a member of the National Academy of Elder Law Attorneys, Estate Planning Council of Nassau, Inc. and serve on various committees of the New York State, Nassau County and Queens County Bar associations dealing with trusts and estates, taxation, elder law and Surrogate's Court practice. I have been a guest speaker on the radio, lectured at continuing education courses for attorneys and accountants and authored articles on issues concerning estate and retirement distribution planning, asset preservation and elder law.

Office Manager: Birgit Stiglitz. In addition, two paralegals, two legal assistants & clerical staff.

(516) 747-3727

Monday through Friday
9:00 a.m. to 5:00 p.m.
Evening hours by appointment only

Yes

We do have flat fee arrangements with our clients in certain areas of our practice. Because we believe that our clients are unique and their matters should be given personalized attention, the fees reflect the work that we will perform and are not "packaged."

These vary depending on which member of the firm performs the services or completes the task and on the nature and complexity of the work.

We charge $350 for an initial consultation and these generally last from 60 to 90 minutes.

No, we do not have a "typical" retainer because in establishing this amount we take into consideration, among other things, the work involved and its complexity.