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Brian Andrew Tully

Brian Andrew Tully

Law Offices of Brian Andrew Tully, PLLC
444 New York Avenue
Huntington, NY 11743

Phone: (631) 424-2800  |  Fax: (631) 278-4451
http://www.elderlaw.pro

Contact Brian Andrew Tully

Dedicated to the Needs of a Longer Life

Legal Topic

Wills, Trusts & Estates

Preferred New Clients

Individuals and families that who are either planning in advance for possible long term health care and the associated expenses, or are suddenly faced with a health care crisis and are seeking guidance and support as they travel through the labyrinth of long term health care.

Sub-Categories

Wills, Trusts & Estates
  • Nolo Document Review
Taxes
  • Estate Taxes & Gift Taxes
  • Income Taxes
Estate Planning
  • Charitable Giving
  • Charitable Trusts
  • Drafting Trusts
  • Drafting Wills
  • Estate Administration
  • Estate Planning
  • Living Trusts
  • Living Wills
  • Probate
  • Asset Protection
  • Guardianship
  • Power of Attorney
  • Special Needs Trust
  • Supplemental Needs Trust
  • Revocable Trust & Irrevocable Trust

Bar Admissions

NY, Jan 1998
Bar Number: 2857233

Other Court Admissions

All New York Courts.

Association Memberships

American Bar Association, New York State Bar Association Elder Law Section, Nassau and Suffolk County Bar Associations and Elder Law respective elder related committees, WealthCounsel, ElderCounsel, National Academy of Elder Law Answers, Elder Law Answers, Christian Legal Society. For complete listing, please follow this link to our website.

Continuing Education

I attend continuing legal education seminars both in person and via telephone or web conference. I have also received my required credits by teaching other attorneys.

Papers and Publications

I have been published in the following: The New York State Bar Association Elder Law Section quarterly Report and the Section's Long Term Care reform Report which I helped present to the New York State Legislation in 2005; The American Institute of CPA's Guide to Long Term Care (New York section); Estate Planning Strategies published through WealthCounsel (I contributed chapter 90 entitled Elder Law Concepts and was the only author from New York) and have recently been hired by a national publisher to update a Health Care Decision Making portfolio for other attorneys.

Example Cases

In the practice of elder law, I am fortunate to be able to assist families as they travel through the various stages of eldercare. In the 11 years of practicing as an elder law and estate planning attorney on Long Island, I have assisted some families several times as their circumstances have changed and. I have been blessed by shorter relationships with clients as they take their last days to put their affairs in order and then soon passing away; hopefully they rested with a confidence that their family will be provided for. Both scenarios are rewarding to me as both planning and preparing are issues that require a gentle and understanding touch and I believe, gratefully, that my office and I handle these affairs pretty well.

Education

Degree:

B.S. in Criminal Justice

School:

St. John's University

City:

Queens

State:

NY

Year:

1993

Focus and Accomplishments:

Accepted onto the Moot Court team after several elimination rounds.

 

Degree:

Juris Doctor

School:

Touro Law Center

City:

Huntington

State:

NY

Year:

1997

Honors:

Award for service to the student body as I served as Treasurer of the Student Bar Association in 1996.

Focus and Accomplishments:

I have been invited back several times to speak with accepted students and elder law students.

While there is no "major" to be selected in law school as there is in college, I focused my education on elder law, trusts and estate and taxation.

 

Degree:

A.S. in Criminal Justice

School:

Nassau Community College

City:

Garden City

State:

NY

Year:

1992

Number of Attorneys

3

State Licensed In

New York

Firm Focus and History

The law office was established in April, 2001 in Hauppauge, New York. In 2004, we relocated to Huntington, New York. We specializes in elder law and estate planning. In particular, we assist our clients with the following: Revocable and Irrevocable Trusts, Durable Powers of Attorney, Health Care Proxies and Living Wills, Last Wills & Testaments, Medicaid Asset Protection Trusts, Life Estate Deed Transfers, Caregiver Agreements, Gift & Note Strategies, Medicaid Applications, Estate & Trust Administration (Probate & Intestacy Administration.
For a complete listing of our specific planning areas, please follow this link to our website.

Previous Employment Summary

Prior to establishing the Law offices of Brian Andrew Tully in 2001, I worked as an associate attorney for a general practice law firm in Huntington, New York since 1998. I was hired to establish an elder law and estate planning practice group for the firm which successfully helped Long Island families and eventually led to the launch of my current firm.

Activities and Awards

In addition to the law practice, I have organized several Health Fairs for senior citizens at area churches as well as offered a six-part Caregiver Support Program for the caregiver adult children. In 2004, I founded the ElderCare Resource Center, Inc. which was voted the Educational Business of Year in 2005 by the Nassau-Suffolk Regional Business Partnership. The ElderCare Resource Center is an on-site library of over 200 eldercare pamphlets and books as well as an online resource of over 600 Long Island eldercare links which can be found at www.ElderCareResourceCenter.Info. In addition, I organized and presented a day long conference on LifeCare Estate Planning at Touro Law Center in 2006 which brought together the various eldercare professionals for a holistic discussion of eldercare.

What is your opinion regarding clients educating themselves on legal issues?

There is a local clothing retailer that states "An Educated Consumer is Our Best Customer" and this is a philosophy that I believe in.

Are you willing to review documents prepared by clients?

A client that is willing and able to educate themselves and even prepare their own documents deserves, in my opinion, the courtesy of a basic review of their documents and objective advice on their work - just as if their prior attorney prepared the papers years ago and they were bringing them to me as part of their overall consultation process. With that being said, both estate planning and elder law includes many other substantive areas of law, probability more than any other legal field, and therefore a do-it-yourself estate plan needs to be balanced with a legal specialist's specific knowledge gleaned from both books and real-world client experiences. Lastly, the actual documents that my office prepares for clients are only part of the overall services. Quite frankly, I believe that the initial and ongoing advice and recommendations that I can offer to you can only happen after learning about you, your family, your assets and goals is probably the most valuable aspect of our representation of you.

Are you willing to coach clients who want to represent themselves?

This concept of representing yourself in the elder law realm doesn't really exist apart from the document preparation.

Why did you decide to be a lawyer?

I have been asked this before and I enjoy sharing how it all came to be. My father comes from a large family of 13 where I learned the importance of family, love and support. His father was an attorney in Brooklyn and Malverne, New York for many decades. My mother comes from a small family of 4 and from them I learned to care, help and endure. Her parents lived next door to us in Malverne, New York for as long as I can remember. This combination seems to have placed deep within me an affinity for family and more importantly for the elderly. My grandparents are the reason I became an elder law attorney.

What work experience and education helps you be a better lawyer?

There are probably 3 reasons why I believe I am a good lawyer. First, I would have to point back to my grandparents and the sense of fairness, justice and pride that I learned from them. Secondly, it would have to be my education from a parochial grammar school to Chaminade High School - I was always taught to reach for more and not settle for mediocre. Finally, I have a deep faith in the God of the Bible and I try to allow His call for justice, love and mercy to lead me each day.

Why did you decide on your primary area of practice?

As mentioned at the beginning of this section, the love, respect and relationship I had with and for my grandparents was, I believe, the catalyst for me to practice elder law.

What do you like best about your career?

Quite honestly, the best part of my career is excitement of helping and educating families about eldercare. In my opinion, there is no other field of law that compares.

Tell us about your law firm:

In addition to myself, there are two associate attorneys, one paralegal and my office manager. Danielle L. White, Esq. assists the clients with all of their Medicaid and Guardianship issues and Kenneth A. Winkelman, JD, CPA, LLM currently assists me with support, research and drafting. My paralegal Cheryl Becker worked in New York City for many years and we are fortunate to have her assistance with our estate administrations, real estate and drafting matters. My office manager is Julia Jenne and, gratefully, she holds the fort down by working with clients on all scheduling matters and administrative concerns. I have received multiple compliments from clients about my staff so I am fortunate to have them.

What are your strengths and style?

I have been told that my strengths lie in working directly with families in a casual and social way and explaining the elder law and estate planning concepts in a very understandable way. My style and preference is more of a "kitchen table" meeting rather than a board room conference.

Personal Interests:

My personal interests lie in reading, socializing, the martial arts and golf. In addition, I thoroughly enjoy playing chess and baseball with my six year old son, Gregory.

Office Manager/Assistant

Julia Jenne is my Office Manager.

Fax

(631) 278-4451

Office Hours

Monday through Friday
9:00 a.m. to 5:00 p.m.
Appointments are available by appointment only earlier in the day and on Thursday evenings.

Emergency After Hours

No

Fixed-Price Services and Fees

The majority of the legal work that my firm provides is based on a flat fee schedule. This means that at the end of a full consultation, I will make my recommendations as to which strategies, documents and steps should be taken and I will then quote our fee for the legal work. We use the same written fee schedule for every planning client at the end of the full consultation so you will know the exact cost from the beginning.

For potential clients that contact us through the Nolo site, my office will offer a reduced consultation fee of $200 (normally $300) as well as 15% off of the entire legal fee. This discount will be reflected on the written retainer agreement so we must know of it prior to being retained. Consultations are with me personally but I do have staff that assists me during the engagement.

Hourly Rates

$300 per hour for myself, $225 per hour for associate attorneys and $125 per hour for paralegal time.

Free Initial Consultation?

For potential clients that contact us through the Nolo site, my office will offer a reduced consultation fee of $200 (normally $300). The consultation usually lasts 1 - 1.5 hours.

Typical Retainer

My office policy is to accept 50% of the entire fee and disbursements, if any, upon hiring. The balance of the fee and disbursements, if any, are due at the document signing.

Understanding Fees

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