Shatz, Schwartz and Fentin P.C.

Shatz, Schwartz and Fentin P.C. has devoted itself to counseling and representation of elders and of younger individuals with disabling illnesses and their families. Recognized as leaders in this field in Massachusetts, our Springfield elder law attorneys also work with family attorneys and other professional advisors on the complex issues facing these clients, and are frequent educators, lecturers and writers in this field.

In addition to addressing the estate planning and gift tax issues of concern to elder clients and those with disabilities, the firm provides assistance in the following areas:

• Conservatorship
• Planning with long term care insurance
• Planning that leverages a client’s assets to pay for long term care costs
• Asset preservation, including the residence, for individuals and families facing catastrophic illness
• Applications for government benefits for long term care
• Special needs planning, including drafting special needs trusts and irrevocable life insurance trusts
• Structuring personal injury settlements to preserve clients’ eligibility for federal and state benefits programs

ESTATE PLANNING

The firm’s comprehensive estate planning practice is tailored to serve individuals in all circumstances and stages of life, including owners of closely held business enterprises and professionals. Shatz, Schwartz and Fentin P.C. estate planning attorneys are recognized leaders in the fields of estate planning, elder law and planning for individuals with disabilities. They have earned numerous awards and accolades as well as shared their knowledge with other practitioners through articles and continuing education seminars.

A basic individual estate plan involves will preparation, as well as the establishment of durable power of attorney, health care proxy and living will. In addition to basic planning, Shatz, Schwartz and Fentin P.C. offers the following estate planning services:

• Estate and gift tax reduction. If your estate exceeds estate tax exemptions (federal or state) or federal gift tax exemptions, you may need to plan to avoid having your survivors pay transfer tax at your death. Tax planning may also be necessary if you have remarried or if you have special assets, such as a closely held business or property in another state.
• Special family matters. Our attorneys can draft trust provisions to accomplish your estate planning objectives while accommodating your particular family situation, such as having children from prior marriages or beneficiaries who are minors.
• Business owners. We employ a variety of approaches for business owners to transfer, sell or otherwise make graceful exits from their businesses. Our business-savvy estate planning attorneys employ cutting-edge strategies to accomplish your goals.
• Individuals with disabilities and long-term care needs. Our elder law attorneys are recognized throughout the state and nationally for their expertise in providing effective planning for elders and for individuals facing disabling illnesses. We focus on maximizing quality of life and independence with planning that enables the individual to leverage private assets with public benefits to pay for services not provided by public benefits programs.
• Retirement planning. Perhaps you would like to name an individual beneficiary of your retirement plan but have concerns about that person having full control over plan assets. Our experts will specially draft the appropriate trust, such as a marital deduction trust or see-through trust, to ensure your wishes are met.
• Charitable planning. If you have charitable interests, it may be advantageous for you to make your contributions through a charitable remainder trust or charitable lead trust, or with a remainder interest deed. Our estate planning attorneys will work with you to determine the best solution for your situation.

At Shatz, Schwartz, and Fentin, we view litigation as a problem-solving mechanism. We counsel clients in the beginning phases of a conflict to explore all options for reaching optimal results. Whether a solution is achieved in court or through strategic settlement, we strive to resolve a dispute in the most expeditious and cost-effective way possible. We have extensive experience advocating for clients in federal and state courts and before administrative agencies in such matters as:

• Commercial litigation of all types, including contract enforcement and related business torts, enforcement of non-compete, non-disclosure and trade secrets agreements
• Employment issues from either a management or employee perspective, including claims of sexual harassment, wrongful termination and discrimination based on age, race, sex and disability, and counseling employers regarding employee discipline and discharge procedures, organizational restructuring and reduction in force
• Commercial real estate disputes arising from either a buyer/seller relationship or landlord/tenant relationship
• Constitutional law and civil rights
• Environmental claims, including defense of landowners and other potentially responsible parties in environmental contamination cases
• Probate litigation, including the appointment of guardians and conservators and disputes involving wills, trusts and estates in which we have represented creditors, beneficiaries, trustees and executors
• Administrative law appeals, including appeals before the Massachusetts Commission Against Discrimination (MCAD), the Office of Medicaid Board of Hearings and numerous municipal and state agencies
• Representation of creditors and debtors in bankruptcy litigation

Shatz, Schwartz and Fentin P.C. represents diverse clients in the development, leasing, permitting and financing of real estate, including major, regional and national developers of shopping centers, office buildings, apartments, conventional and affordable housing, congregate care retirement communities, residential subdivisions and industrial properties. We have extensive experience in all forms of permitting and approvals by local, state and federal regulatory authorities, zoning and environmental permits, historic certification, and highway and sewer extension permits and approvals.

As one of the area’s leading real estate law firms, we represent local, regional and national financial institutions both as lenders and facilities counsel. We serve as counsel to Verizon Wireless, one of the world’s largest wireless telecommunications companies, providing counsel for site acquisition, permitting and issues arising under the Federal Telecommunications Act. We have acted for over twenty years as counsel to Home Depot in permitting and transactional matters.

We are also experienced in the formation and development of condominium projects, including preparation of master deeds and declarations for new projects, amendments for projects adding new units, transitions to owners as condominium trustees and issues relating to failed projects.

The Firm is a policy agent for Chicago Title Insurance Company.