Estate Planning and the SECURE Act and SECURE 2.0: Critical Considerations for Estate Planners and Administrators

Ms. Hensley concentrates on a wide variety of employee benefits and executive compensation matters in both the transactional and compliance contexts. She advises on tax, ERISA and other legal considerations relating to employee benefit plans, programs and arrangements, including design, administration and compliance of tax-qualified plans. Ms. Hensley has advised clients on ERISA fiduciary matters for investment funds and plan fiduciaries. Her experience includes the structuring and design of equity compensation arrangements, including stock options, stock appreciation rights, restricted stock, restricted stock units, phantom stock, performance shares and LLC/partnership interests (including profits interests) and nonqualified deferred compensation plans, as well as executive employment, severance and change-in-control agreements. Ms. Hensley also has advised clients on compensation and benefits issues unique to bankruptcy and restructuring transactions.

Mr. Shoff compassionately assists clients facing the inevitable challenges of aging, sickness, and death by counseling clients on how to put the best estate plan in place for their needs. This involves guidance on what form of an estate plan is most appropriate, whom to appoint as fiduciary of that plan (Power of Attorney Agent, Trustee, Executor), and what kind of property beneficiaries (children, grandchildren, charities, etc.) should receive after a person’s death. Over a decade in practice, he has assisted many individuals and families with planning for their incapacity and death through the effective drafting of Health Care Proxies, Living Wills, Last Wills, Powers of Attorney, Revocable and Irrevocable Trusts. As part of planning for the elderly and disabled individuals, he also counsels clients on public benefits that may be available to help pay for a client’s long-term care. This often involves navigating the complex rules and regulations of the Medicaid program in New York to preserve clients’ assets as much as possible while still obtaining the Medicaid coverage needed to pay for their long-term medical needs