Services

We offer a full range of services for your estate planning needs. We can assist individuals from simple to complex estate planning needs. We also offer planning for individuals who have special needs children or are currently receiving government assistance and need special estate planning to maintain their qualification for these benefits.  

Oftentimes people have difficulties in making their estate plan because the fear it will be a difficult and stressful situation. The attorneys of Fechtman Law Office focus on making this experience as easy as possible while still providing you with educated estate planning techniques. Our office will focus on preparing only the documents you need, and not try to prepare expensive estate plans that serve little purpose to the client. This is why in most cases we generally recommend a simple Will for many of our clients instead of the more expensive Revocable Living Trust. Each case is unique so please contact us today to discuss which option is best for you.

Every good estate plan generally includes documents which designate other individuals to assist you in managing your financial and medical affairs.   A power of attorney allows you to appoint someone to manage your financial and real estate matters while still putting limitations on their authority to act.  Indiana law does not designate anyone to act on your behalf if you are unable to manage your financial affair.  Without a power of attorney, your loved ones may not be unable to take actions to protect your assets or to act in your best interests without having a guardianship established by an Indiana Court.  A power of attorney allows your loved ones to assist you in managing your assets without having to pay for an expensive guardianship proceeding.

In a difficult situation, it is not uncommon for families to have disagreements as to the proper care for their loved ones.   With the proper health care forms, you can nominate an individual responsible for making these decisions and also give them guidance as to your wishes should they be faced with a difficult decision concerning your health.  In contrast to your financial affairs, the Indiana legislature has enacted a law which establishes a list of individuals who can serve as your health care representative. Unfortunately this law fails to prioritize which individual can make this decision.  Thus, in a situation where competing interests are present it may be unclear who will make health care decisions on your behalf.  A health care representative form allows you to prioritize the individuals to make these decisions and to provide them with the guidance as to how you wish for them to act on your behalf.

Our office has the expertise and ability to draft several different types of trusts while giving our clients the proper guidance as to the steps they need to take to properly fund and administer the trust.  This knowledge allows Fechtman Law Office to provide our clients with a complete understanding of the actions they should take in order to provide their loved ones with both the inheritance they have planned for them as well as the assistance provided form various public agencies.

Third Party Special Needs: Many families today are struggling with the difficult scenario of establishing an estate plan which provides for their loved ones.  This process can become more confusing when one of your loved ones is receiving Medicaid or other public benefits.   By establishing a third party special needs trust as part of our clients estate plan, we allow them provide an inheritance for the future needs of their child while also allowing them to continue receiving their Medicaid benefits.  Our office has the expertise and ability to draft these trusts while also giving our clients the proper guidance as to the steps they need to take to properly fund and administer the trust.  This knowledge allows Fechtman Law Office to provide our clients with a complete understanding of the actions they should take in order to provide their loved ones with both the inheritance they have planned for them as well as the assistance provided form various public agencies.

Self-Settled Special Needs Trusts: A self-settled special needs trusts, is a trusts established by an individual for their own personal benefit.  Generally, this individual is a Medicaid beneficiary who has either received an inheritance, settlement or other funds which would result in their Medicaid results being terminated if these funds are not placed into a special needs trust for their benefit.   These trusts are established pursuant to Federal Law and are commonly referred to as d(4)(a) or self-settled special needs trusts.   Since the Medicaid recipient is creating this trust, a provision is inserted into the trusts which requires repayment for any Medicaid funds expended on behalf of the beneficiary upon their passing.   The funds placed in these trusts are restricted as to how they can be spent, but the establishment of the trust ensures that the individual does not lose their Medicaid benefits.  Since many beneficiaries wait years to be placed on a Medicaid waiver, the establishment of the trust is a much better option than simply forfeiting their Medicaid benefits.  Additionally, these funds can often be spent on lots of different resources that significantly improve the quality of life of the individual while still allowing them to receive their medical care through Medicaid services.   Each individuals’ scenario is unique, and Fechtman Law Office will review the client’s situation to determine whether a Special Needs Trust should be established or whether a different alternative is available to the client.  Our specialty allows us to ensure that any funds placed into a special needs trust are properly expended and accounted for to the Medicaid offices.  This ensures that an individual will not lose their benefits and helps to reduce the stress of a loved one that is often associated with the administration of these trusts.

Fechtman Law Office assists individuals attempting to establish a guardianship over a friend or loved one. Our attorneys have experience in dealing with the Courts to address concerns about guardianships over minor and incapacitated adults.  We also offer assistance to guardians in managing their duties to both the protected person and the court system.