Cindy A. Nuzzolo

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Wills and Estate Planning

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Phone: (508) 771-4210

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What Makes Her Different.

A Juris Doctor with dual Masters Degrees in Taxation and Intellectual Property, plus a Series 7 License and background as a stock broker, as well as more than a decade of experience practicing law sets Attorney Cindy Nuzzolo apart from most lawyers in the field of Wills, Trusts, Estate & Tax Planning.

Add the fact that she walks into the courtroom as a litigation lawyer in each of these specialties. This combination of commitment to education, expertise, experience and skill is rare on Cape Cod, or anywhere.  Attorney Nuzzolo is a legal volunteer at WE CAN.

The 3 most common questions from estate planning clients concern:

(a) cost to establish a will, trust and/or estate plan;

(b) the time it takes to get an estate plan in place: and

(c) whether executing an estate plan will protect their wishes and their family.

The 3 most common misconceptions about estate planning are:

(a) people don’t need an estate plan or, they can do a plan online using one-size-fits-all forms;

(b) they confuse Wills and Trusts; and

(c) they fail to fund their revocable trusts so they miss out on the full intention of the trust.

Why Estate Planning Is Critical

Cindy Nuzzolo, partner at Carter DeYoung states she often finds, “Clients generally get frustrated with the complexity of the tax laws pertaining to estate matters.  Clients also get frustrated when they find out that being a parent or spouse does not provide them with authority over an adult loved one who has suffered an incapacity or death, but has no estate planning documents in place.”

Estate plans state your wishes during your lifetime and after your death.

Estate plans generally can avoid the need for emergency action in court if and when someone becomes incapacitated, and allows you to choose who will make personal business and medical decisions for you when you are unable to do it.   A well drafted estate plan can avoid the need for estate administration in probate court, can limit or avoid family in-fighting, and can avoid the cost and strain of family members having to pursue court authority to help you.  Having a well-prepared estate plan can save money and heartache for you and your loved ones now and in the future.

 

Violating Fiduciary Duties: Elder Abuse

In light of the ever increasing elderly community here on Cape Cod, residents must be cognizant of their rights and the rights of their family members. Elder abuse, both physical and financial, is an ongoing problem in the United States which can ultimately be litigious.

One such scenario I resolved involved a trust created by an elderly individual whom was later diagnosed with dementia and was having difficulty managing her finances. My client was appointed as co-trustee of said trust along with her sister. After time, it became evident that my client’s co-trustee, her sister, was improperly using/misappropriating her elderly mother’s assets for own her benefit in violation of her fiduciary duties.

As a result of her breach of duty, we sought the resignation of my client’s sister as trustee. We also sought damages for the sister’s breach of duties in Superior Court. Ultimately, the case settled and my client’s sister was accountable for her actions. While I continue to represent my client as guardian and conservator of her elderly mother, perhaps most rewarding of all was years later that same client contacted me regarding her own estate planning matters and I was able to help her navigate through the entire process.

Key Point:

A fiduciary is required to act in good faith, with reasonable prudence and sound judgment, guided by a due and rational appreciation of the fiduciary obligation and actuated by honest, intelligent and diligent effort to discharge fully the responsibility which that person had voluntarily accepted.  In other words, take your responsibility seriously, be honest and do the right thing.

 

The First Thing We Do

Vicki, Mary, Manuela or Rebecca will determine which lawyer in the firm can best help you and will then schedule a free initial consultation by phone or in person. Clients can work with our office, and in particular, the lawyer, to work out payment plans to ensure representation. At the Law Office of Carter DeYoung, you will find six talented, compassionate lawyers dedicated to their clients, one another, and the communities they serve.

Our Best Advice

(1) Don’t wait to make a call to find out if you have a case or need legal guidance;

(2) Don’t automatically assume you cannot afford a lawyer;

(3) Don’t fall prey to the belief that you already know the law and your rights.

It will negatively affect you in the long run if you do have a case or need legal representation.  Make the call today at 508-771-4210.

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ABOUT FIRM

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Lawyer Category: Wills and Estate PlanningLawyer Tags: Hyannis

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