Clark Hill is experienced in providing an analysis of assets and income and counseling clients and their families who anticipate the need for long term care whether provided for by Medicaid or other governmental or private programs. We are experienced with various strategies that preserve the assets and resources for a spouse when a family member needs long term care. Special needs trusts for disabled individuals can provide for those individuals without jeopardizing other benefits available for their care.
We also counsel clients in high-risk occupations as to methods to protect their assets from potential, future creditors. We are often asked to evaluate offshore arrangements as well as domestic asset protection trusts.
Eric Dorkin, MacKenzie Hyde and Ray Koenig obtained a significant victory in the 1st District Appellate Court. In a case of first impression, the Illinois Appellate Court granted Clark Hill’s emergency appeal in favor of Nina L., a minor seeking to apply for Special Immigrant Juvenile Status to stay in the United States following her 18th birthday. The trial court had denied Nina L.’s request for the judicial findings necessary for her to apply to remain in the United States after being abandoned by her natural parents. The trial court held that it was not proper for it to enter findings pursuant to federal statute. The Appellate Court reversed and entered the required findings itself on an emergency basis so that Nina L. could timely file the required documents with the U.S. Citizenship and Immigration Services, as her 18th birthday was just days away.
As reported in the local legal press, “This is a case that really mattered,” said Dorkin, who represented Nina L. “If the case was decided the other way, she was going back to Taiwan with no known family or connections and just a high school degree, and I think that’s a recipe for lifelong disaster.”
Estate of Donald Howell v. Donald Brenard Howell, 2015 IL App (1st) 133247 and 1140810 (cons.)
The Raymond W. Pontarelli Trust, et al. v. Michael Pontarelli, et al., 2015 IL App (1st) 133138
In re Estate of Leonard Koenen, 2014 IL App (1st) 140080-U
In re Guardianship of Florence Pontarelli, 2014 IL App (1st) 122782-U
Represented client in formation of a Family LLC to leverage discounts available to pass family wealth to second and more remote generations while minimizing estate and gift taxes
Represented multiple clients in “second home planning” for properties on Lake Michigan and inland lakes in Michigan, Indiana, and Illinois
Represented high net worth clients in the negotiation and implementation of pre-nuptial agreements
Represented client in three-way commercial closing in excess of $7 million dollars
Represented executor in negotiation and approval of a multi-million dollar wrongful-death settlement, including a partial sealing of the court file in order to secure settlement confidentiality requirement
Representing the YMCA of Metropolitan Detroit and the American Red Cross in separate will and trust contests in Oakland County Probate Court
Successfully representing Comerica Bank in a complex will and trust contest in the Wayne County Probate Court
Obtaining a favorable settlement on behalf of two beneficiaries of a substantial family trust against Standard Federal Bank and one of the largest Michigan law firms in a case involving breach of the prudent investor rule and breach of fiduciary duties in the management of a hedge fund which stuffed its gain to the trust