Estate Planning Project of the Veterans Legal Clinic: Representative Cases

The Estate Planning Project’s work is varied, with opportunities for both transactional legal work by way of traditional estate planning as well as work before the Probate Court in matters of conservatorship, guardianship and the probating of estates.  The following is a representative sample of recent Estate Planning Project cases:

A student in the Estate Planning Project presents a legal workshop about planning options for local veterans.

Probate Court cases:

  • While the Veterans Justice Project of the Veterans Legal Clinic was representing our 70-year-old Vietnam veteran client in a discharge upgrade case, the Estate Planning Project was representing him with respect to his estate planning needs. The Project drafted a Will, Durable Power of Attorney, Health Care Proxy, Living Will and Declaration as to Remains. Subsequent to such representation, when our client became legally incapacitated, we successfully represented his Attorney-in-Fact against a health care facility which was seeking conservatorship over our client, persuading the health care facility to cease its attempts to seek conservatorship over our client.
  • The Estate Planning Project successfully represented an 89-year-old World War II veteran in defeating a petition for a single transaction conservatorship filed by the veteran’s Attorney-in-Fact in order to force a sale of real estate the veteran wanted to continue to maintain as his property.
  • Subsequent to the Estate Planning Project successfully representing a Vietnam veteran and his wife with respect to their estate planning needs, which included preparing and executing Wills, Durable Powers of Attorney, Health Care Proxies, Living Wills and Declarations as to Remains for them, the Estate Planning Project also assisted the veteran’s wife in probating the Will of the veteran and obtaining her appointment as the Personal Representative of his estate from the Probate Court upon his passing.
  • The Estate Planning Project successfully represented the surviving spouse of a World War II veteran in waiving filing fees while obtaining her appointment as Personal Representative in order to gain access to medical records the Veterans Justice Project needed as evidence in a an appeal for VA disability benefits.
  • The Estate Planning Project successfully represented a Gold Star wife in obtaining her appointment as the Personal Representative of her Post-9/11 veteran husband’s estate.

 

Estate Planning Cases:

  • The Estate Planning Project represented a Post-9/11 veteran and his wife with their estate planning needs which included a trust for their minor children, Wills, Durable Powers of Attorney, Health Care Proxies, Living Wills and Declarations as to Remains.
  • The Estate Planning Project represented a Korean war veteran and his wife with their estate planning needs in establishing a special needs trust for their disabled son.
  • The Estate Planning Project represented a Vietnam veteran and his wife with their estate planning needs, including implementing Medicaid planning strategies to protect their primary residence.
  • The Project represented a single Post-9/11 veteran with her estate planning needs including a Will, Durable Power of Attorney and Health Care Proxy.
  • The Estate Planning Project represented a Vietnam veteran with his estate planning needs which included a trust for his house to be maintained for his adult children with detailed provisions for its maintenance and distribution.
  • The Estate Planning Project represented a Korean war veteran in hospice care to attend to his final affairs in establishing a Trust to avoid probate and potential will contest.