Estate Planning

Quinn, Correa & Gaynor, P.C. counsels clients in the area of trusts and estates because they are motivated by the satisfaction that comes from helping people — helping them to identify and achieve their families’ personal and financial goals and helping them to avoid or solve legal, financial, tax and personal problems.  Quinn, Correa & Gaynor, P.C. provides personal assistance to individuals and families in lifetime planning and asset accumulation, estate and gift planning.  We have extensive experience employing smart tax planning strategies, and we emphasize a personally tailored approach to our clients’ needs and concerns, rather than pre-packaged, general solutions.  Our top priority is to understand our clients’ needs and concerns, resources, family situation and objectives.  We explore alternatives with our clients and help them decide on plans to accomplish their objectives, being sensitive to family and other issues important to them.  Quinn, Correa & Gaynor, P.C. offers a wide range of estate planning services, including the following:

  • Preparation of wills and trusts, durable powers of attorney, and health care proxies
  • Planning for distribution and management of closely-held business and real estate assets
  • Tax planning; estate, gift and generation skipping taxation and income taxation
  • Family limited partnerships
  • Asset protection
  • Medicaid planning
  • Probate, estate and trust administration
  • Appointment and representation of guardianships and conservatorships
  • Charitable trusts and private foundations
  • Will contests and estate and trust litigation
  • Counsel to banks and other institutions serving fiduciaries
  • Retirement plan distributions, rollovers, designated beneficiary rules, payment to trusts
  • Valuation discount planning
  • Business succession planning
  • Special needs trusts
  • Charitable tax planning
  • Reformation of trusts
  • Gift strategies, including but not limited to: fractional interests, GRATs, QPRTs, SCINs, split purchases, sales to grantor trusts, and intra-family loans

Our attorneys have business and corporate law experience, which makes them uniquely qualified to deal with the full range of planning issues faced by owners of privately owned business.

 

Elder Law/Long-Term Care Planning

Many Americans will need long-term care services at some point in their lives, and for many families, long-term care facilities can be prohibitively expensive. The need for this type of care can be a devastating financial blow, as costs often exceed $100,000 per year. WE understand the stress of this situation, and we are here to help. We have helped countless families navigate the legal challenges that come with aging, and make practical, sustainable plans for future care. We use a variety of tools to help you achieve your goals. Our lawyers can help you or your loved ones:

  • Evaluate whether long-term care insurance is within your means and likely to provide appropriate security
  • Determine what types of trusts may be useful for maintaining control of your assets and property, should a major health issue arise
  • Qualify for Medicaid should you need it for nursing home care or other services
  • Protect your hard-earned assets for your heirs while minimizing what you have to pay for long-term care expenses

Whether you are already married, entering into a new marriage, ending one, or sharing a household with your significant other, there are many legal issues to consider.  Concerns faced by families include care and schooling of children, monetary assets, real estate, spousal support, employment, and estate planning.  Quinn, Correa & Gaynor, P.C. will assist you with every aspect of the legal issues you might face when your partnership is in transition.  In perhaps no other area of law is sensitivity toward your emotional and financial needs, combined with effective advocacy for your legal rights, more paramount.  The services that Quinn, Correa & Gaynor, P.C. provides in the family law area include:

  • Divorce-from simple to more complex
  • Hidden Asset Discovery
  • Child Support
  • Custody and Visitation
  • Parenting Plans
  • Paternity
  • Removal/Relocation of Children
  • Alimony, spousal support and maintenance, including termination, modification and extension
  • Post-Judgment Enforcement and Contempt
  • Property Valuation, including real estate, pensions, stock options and businesses
  • Pre- and Post-Marriage Estate Planning
  • Re-Marriage Estate Planning
  • Guardianship
  • Cohabitation Agreements
  • Same Sex Divorce
  • Real Estate Partition
  • Name Change
  • Asset Restraining Orders
  • Domestic Violence Restraining Orders
  • Grandparent’s Rights
  • Adoptions
  • Pre-Divorce Counseling
  • Pre- and Post-Nuptial Agreements

While we like to keep our clients out of court when possible, disputes are a fact of life and disputes are expensive and time consuming distractions.   Quinn, Correa & Gaynor, P.C. prides itself on working with our clients to develop strategies to resolve disputes in accordance with the client’s objectives in the most efficient and effective way possible, whether the dispute involves seeking recovery or defense from claims.  We achieve those results by helping the client to develop a realistic objective, and then applying tools like early case assessment to plan how best to achieve those objectives.  We are very comfortable in private negotiations, mediation, arbitration or in the state or federal courts. We both initiate and defend a broad range business, commercial and general civil litigation.  Our approach in the litigation context to find the best possible result for our clients in the most efficient and cost effective manner.  Quinn, Correa & Gaynor, P.C. has litigation experience in the following areas:

  • Family Law
  • Divorce
  • Real Estate Litigation
  • Business/Commercial Litigation
  • Personal Injury
  • Probate Litigation
  • Collections Litigation
  • Fiduciary Litigation
  • Will Contests
  • Municipal Law
  • Bankruptcy Related Litigation
  • Appellate Litigation
  • Shareholder Disputes
  • Landlord-Tenant Disputes
  • Zoning and Land Use Litigation Insurance Coverage
  • Civil Rights Litigation
  • Professional Liability
  • Personal Injury
  • Medical Malpractice
  • Product Liability
  • Trade Secrets
  • Commercial Bank Litigation
  • Non-compete and Confidentiality Agreements
  • Consumer Protection Litigation
  • Employment Discrimination
  • Sexual Harassment Claims
  • Family Medical Leave Act Litigation
  • Wage and Hour Disputes
  • Workers Compensation
  • Administrative Law and Appeals
  • Disciplinary Proceedings

Quinn, Correa & Gaynor, P.C. understands that your business, small or large, is likely a source of great pride.  However, whether large or small it must conform to state and federal laws regarding payment and treatment of employees, and the type of legal entity you choose can affect a great deal in the future. The business ownership life stage covers the many legal facets of owning your business.  Quinn, Correa & Gaynor, P.C. is a trusted advisor and advocates for many privately held family owned businesses and service those clients in the following areas:

  • Corporate law and governance
  • Director/shareholder fiduciary issues
  • Incorporations, reorganizations and dissolution of entities
  • Mergers and acquisitions
  • Purchases and sales of businesses (stock, asset, etc.)
  • Financing
  • Business succession planning
  • Entity formation (corporations, general partnerships, limited liability companies, limited liability partnerships, professional corporations, and joint ventures)
  • Stockholder buy-sell agreements, voting rights agreements and other agreements
  • LLC operating agreements, partnership and joint venture agreements
  • Representation of borrowers and lenders in financing transactions
  • Representation of commercial lenders
  • Representation before government agencies, boards and commissions
  • Tax planning
  • Non-profit and tax exempt organizations

We also counsel business owners clients in connection with their estate planning, trust administration and minimizing federal and state estate taxes. We work closely with our clients’ owners, management teams and other professional advisors to provide creative and effective solutions to the many complex and unique issues that face privately held family businesses as they grow and change through the generations.

Commercial

Quinn, Correa & Gaynor, P.C. has experience representing owners, lenders, insurance companies, and more in the context of commercial real estate transactions. Adopting a collaborative approach, we cover a wide range of issues, from financing, taxes, and sales to liability and landlord/tenant issues.

Our commercial real estate services include the following:

  • Acquisition and sales, including contract negotiation and preparation
  • Representation of owners, lenders, and title insurance companies
  • Mortgage financing
  • Commercial and residential subdivision and development
  • Lease negotiation and drafting
  • Structuring ownership for income and estate tax planning and succession planning
  • Affordable housing development
  • Condominium and co-operative creation and representation
  • Title examination and title insurance
  • Zoning and Land Use
  • Condominium
  • Foreclosures
  • Property tax abatements
  • Counseling for environmental liabilities
  • Tax-free exchanges
  • Landlord/Tenant matters

Residential

Buying or selling your home is an important life event. Quinn, Correa & Gaynor, P.C. can simplify this complex process and help you make the right decisions in connection with your particular transaction. From negotiating purchase agreements, navigating title issues to obtaining the right financing for your purchase, we provide residential services in a prompt and friendly manner.  Quinn, Correa & Gaynor, P.C. represents sellers, buyers, lenders, landlords, tenants and developers with a variety of problems and issues that may arise in residential real estate transactions. The services that Quinn, Correa & Gaynor, P.C. provides to its residential real estate clients include:

  • Draft and Negotiate Purchase and Sale Agreement
  • Residential Development and Planning
  • Environment, Land Use and Zoning
  • Residential Leasing
  • Purchasing Properties Through Foreclosure
  • Landlord and Tenant Representation
  • Efficient and Complete Title Examinations
  • Convenient Closing Locations
  • Fixed Fee Purchase and Sale Review and Negotiation For Buyers when we are Performing the Loan Closing

Quinn, Correa & Gaynor, P.C. has experience representing secured and unsecured creditors, lessors and bankruptcy trustees in bankruptcies, workouts, foreclosures and creditors’ rights litigation. The firm has experience representing potential purchasers of assets from troubled companies both in and out of bankruptcy. Our attorneys can also represent clients seeking bankruptcy protection under Chapters 7 and 13 of the Bankruptcy Code.

Creditor Representation

We can counsel secured and unsecured creditors in evaluating all their legal options in dealing with financially troubled borrowers or companies. We seek to efficiently and effectively pursue the recovery of monies owed. We seek to advance the client’s interests, whether through consensual restructuring of debt, forbearance arrangements, the securing of additional collateral or litigation when necessary.  We represent our creditor clients in all aspects of creditors rights litigation, including foreclosure of mortgages, recovery of property, collection of money, secured party sales under Article 9 of the UCC, enforcement of guarantee claims and collection on money judgments.  In addition, we have experience representing commercial landlords in dealing with troubled tenants, both in and out of bankruptcy.

Trustee Representation

Our attorneys have experience serving as counsel to and representing Chapter 7 and Chapter 11 bankruptcy trustees in connection with every aspect of the reorganization or liquidation process.  As counsel to trustees, we have investigated numerous claims involving the validity of liens held by secured creditors, director and officer liability issues, insurance coverage and preference and/or fraudulent transfer actions.

 

Debtor Representation

 

Quinn, Correa & Gaynor, P.C. can assist you with your decision to file for bankruptcy protection if you are faced with overwhelming debt, including certain unpaid income taxes. Federal bankruptcy law provides protections for individuals unable to pay off debts while meeting living expenses.  Quinn, Correa & Gaynor, P.C. can help those who want to end harassing calls from collectors and help to protect against losing the family home.  A Chapter 7 or Chapter 13 bankruptcy filing will stop the harassing calls and can prevent foreclosure and protect certain assets such as your home, car and pensions and retirement accounts while discharging debt with a fresh start.   The attorneys at Quinn, Correa & Gaynor, P.C. can speak with you to discuss the differences between a Chapter 7 and Chapter 13 bankruptcy and which option is appropriate under your personal circumstances.

 

Bankruptcy Litigation

 

While bankruptcy often includes consensus building and restructuring compromises, it often also includes litigation of numerous types of matters, whether through the contested matters procedure or adversary proceedings. Quinn, Correa & Gaynor, P.C. has experience representing secured and unsecured creditors, trustees, businesses, individuals and other interested parties in federal bankruptcy courts in connection with, among other matters, motions to dismiss or to convert cases, motions for relief from the automatic stay and other contested bankruptcy hearings. Moreover, we have extensive experience litigating (both prosecuting and defending) preference actions, fraudulent conveyance actions, non-discharge or non-dischargability actions, claims litigation.

Acquisition of Distressed Assets

Our attorneys have been involved in the sale of troubled companies in and out of bankruptcy in a variety of industries including healthcare, manufacturing, construction and high-tech. The solution for numerous small to midmarket companies in distress is to effectuate a sale of some or all of their assets, often within a short timeframe and a contentious atmosphere. We can assist clients in evaluating the risk in a transaction, suggest strategies to accomplish their goals and advise them as to whether or not their goals can be best accomplished through a bankruptcy Section 363 sale or an Article 9 sale.

Quinn, Correa & Gaynor, P.C. has experience representing and providing services to varieties of employers and employees in Massachusetts. The firm has experience in providing a broad range of services in federal and state courts, as well local and state administrative proceedings.

Our firm offers labor/employment services in the following areas:

  • General Representation for Employers
  • Unemployment Hearings
  • Discrimination
  • Sexual Harassment
  • Wrongful Termination
  • Breach of Contract
  • Drafting Employment Contracts, Non-Compete Agreements and Severance Agreement
  • Independent Contractor Law
  • Employee Retirement Income Security Act (ERISA)