SZLACHETKA DUBAY, P.C.
Stanley A. Szlachetka
Gillian Szlachetka Dubay
Attorneys & Counselors at Law
About
Our law practice concentrates on Estate Planning, Elder Law, Business and Corporate matters, Real Estate, Divorce, Probate matters, and Personal Injury.
At Szlachetka Dubay, P.C., our primary objective is to provide our clients with the highest quality legal services, in a timely, efficient manner, at reasonable fees for the services rendered. That is why it is our policy to:
Assure that all aspects of our clients’ interests are addressed in a confidential and professional manner.
Extend initial consultations to our clients at no charge.
Address all fees with the client before proceeding on their behalf.
Provide our clients with copies of all work performed on their behalf.
Return all phone calls within twenty-four (24) hours.
Provide house calls for those individuals who are unable to visit our office.
We urge our clients to freely discuss all aspects of our representation including office procedure. Our goal is to maintain an open and honest attorney-client relationship at all times.
Attorneys
Stanley A. Szlachetka
Attorney Stanley Szlachetka's practice of law is focused in the areas of Estate Planning, Elder Law, Personal Injury, Business, Corporate, Real Estate, Domestic Relations, Estates, Real Estate developments and general legal matters.
Gillian Szlachetka Dubay
Attorney Gillian Szlachetka Dubay’s practice focuses on Estate Planning, Elder Law, Probate and Family matters, (Divorce/Paternity, Probate/Administration, and Guardianship), and Real Estate.
Services
Estate Planning
Who Should Have A Will?
Anyone who desires to dispose of their property as they choose at the time of their death should have a Will. If you do not have a Will at the time of your death, the Laws of the Commonwealth of Massachusetts will determine who receives your property and in what amount.
A Will enables a person to choose the individual who will administer the decedent’s property and make sure that the wishes of the deceased are completed properly.
Without a Will, the surviving family members are forced to guess what the decedent’s intentions were.
Wills are also important when you have minor children, in order to appoint a legal Guardian. Additionally, if the children are minors upon your death you can ensure that their inheritance is protected. This can be done by establishing a trust for the care and maintenance of young children or if necessary, your spouse.
In Massachusetts, a Health Care Proxy is a written instruction by a person who appoints another individual to act as their Health Care Agent. The Agent is appointed to make medical or health decisions when a person is incapacitated or unable to communicate such decisions.
This document provides you with the ability to control the manner in which you will receive medical treatment, in the event that you require life sustaining procedures. The Health Care Proxy becomes effective only after your attending physician states in writing that you no longer have the capacity to make or communicate your own health care decisions. Your Agent’s authority is effective only for so long as you cannot make your own medical decisions. Should you regain your capacity to make decisions, the Health Care Agency is terminated.
It is important that you give careful consideration to the individuals you select to serve with the authority to terminate life support systems. The person you select should be a person you trust, who will not make medical decisions based on his or her wishes or values, but rather one who will carry out your wishes.
Power Of Attorney
The Durable Power of Attorney is a document which allows you to appoint a specific individual(s) to engage in certain activities such as the transfer of property, the paying of bills, and a variety of other general powers for your benefit.
The Durable Power of Attorney allows the individual(s) appointed as Attorney-in-fact to serve in that capacity even if you were to become disabled or otherwise unable to handle your financial affairs.
It is recommended that you appoint a Successor Attorney-in-fact, who would carry out the duties listed above if the individual first named was unable to carry out his or her duties for your benefit.
Trusts
In recent years, many individuals have selected the use of a Trust for the purpose of transferring property for a variety of reasons. There are essentially two types of Trusts. The first is an Irrevocable Trust which provides for the transfer of property to a Trustee and limits a Grantors* ability to have future access to property transferred to the Trust.
The other type of Trust is a Revocable Trust which also provides for the transfer of ownership of property, but allows the Grantor a greater level of discretion with regard to the utilization of the assets and income produced by the Trust.
There are several types of Trusts that fall into either of these two categories, such as a Living Trust, Nominee Trust, Insurance Trust, Charitable Trust, Family Trust, Realty Trust and Special Needs Trust.
The type of Trust that will be best suited for you should be developed by taking into account your needs, your spouse’s needs and the needs of other family members as they may relate to your entire estate. Trusts are a valuable Estate Planning tool because it allows you to avoid the probate process, which ensures the confidentiality of your information and ensures more timely access to the assets of your estate.
*Grantor/Settlor is defined as the individual creating the Trust and making the initial transfer of property to the Trust.
Business & Corporate Matters
Business Services
Our office provides a variety of legal services to business clients, including but not limited to, Incorporation, Partnership Agreements, Limited Liability Companies (LLC), Limited Liability Partnerships (LLP), Cross-Purchase and Stock Redemption Agreements, as well as General Purchase and Sale Agreements.
We provide flexible office appointments and fee arrangements to suit both your personal and business needs. We provide services to both small and large businesses throughout Western Massachusetts.
There is no fee for the initial consultation and it is our practice to visit a client’s business so that we may truly appreciate the goals, challenges and needs of our business client’s. We believe that this practice allows us to provide outstanding legal services that specifically address individual business needs.
Real Estate
Personal Injury
Understanding Your Automobile Insurance Coverage
Uninsured Coverage
This portion covers personal injuries you sustain when struck by an individual who has NO INSURANCE, or injuries sustained in a HIT AND RUN ACCIDENT. This section will allow you to recover for your pain and suffering once you have incurred $2,000.00 in medical expenses or have suffered a fracture or other permanent injury, such as scarring. Mandatory coverage in Massachusetts is now 20/40. However, that is extremely minimal coverage.
Recommended coverage is 50/100, or more preferably 100/300. Call your agent for premium costs to determine what level of insurance you can afford.
Underinsured Coverage
This portion covers personal injuries you might sustain if struck by an individual who has minimum coverage, or not enough coverage to compensate you for the severity of your injuries, and pain and suffering. DO NOT SELECT COVERAGE OF 20/40. THIS IS EQUIVALENT TO HAVING NO COVERAGE AT ALL!
Recommended coverage is 50/100 or preferably 100/300. Call your agent for premium costs to determine what level of insurance you can afford.
Optional Bodily Injuries to Others
In order to have proper insurance on #3 and #12 above, it is necessary to have the same level of insurance in this section. Therefore, if you carry 50/100 on #3 and #12, YOU MUST carry 50/100 on #5. Likewise, if you carry 100/300 on #3 and #12, YOU MUST carry 100/300 on #5.
Medical Payments
This is additional insurance which pays for your medical bills only. It does not apply to lost wages. In order to qualify for payments under this level of coverage, you must have exceeded $2,000.00 in medical expenses. Medical Payment options are relatively inexpensive and are worth taking even if you have personal health insurance. A satisfactory amount is usually $10,000.00 but increments start at $5,000.00. Again, call your agent for quotes.
Collision and #9 Comprehensive
This coverage applies to your vehicle, not your body. This covers property damage to your vehicle by accident (COLLISION), fire and/or theft (COMPREHENSIVE). The age of your vehicle determines whether or not you should take advantage of this coverage. Usually, if the vehicle is 7 years or older, this coverage is not recommended. However, if you have financed the vehicle, and still have outstanding balance on that loan you MUST have this coverage. To lower your premium you can opt for a higher deductible, (i.e. $1,000.00 v. $500.00, please note that while your premium will be lower, you will be responsible for the first $1,000.00 in damages if you are at fault for the accident.)