Nay and Friedenberg

The firm's estate planning work commonly includes:

• Wills and revocable living trusts
• Coordination of beneficiary designations on assets such as retirement accounts and life insurance
• Durable powers of attorney for finances
• Advance directives and other health care decision-making documents
• Planning for possible incapacity or long-term care needs
• Advising and assisting executors and trustees
• Structuring plans to avoid or simplify probate where appropriate

Estate planning approach

• Estate planning is treated as more than just preparing a last will and testament.
• Comprehensive plans are designed to:
• Provide for the administration and protection of assets during the client's lifetime.
• Specify how assets are distributed at death.
• Provide clear decision-making authority if a disabling illness or incapacity occurs.

Key documents

• Will (Last Will and Testament) – directs how probate assets are distributed at death and can name guardians for minor children.
• Revocable living trust – can be used to hold and manage assets during life, provide instructions for distribution at death, and in many cases avoid probate if properly funded.
• Durable financial power of attorney – appoints an agent to handle asset management, bill-paying and other financial tasks if the client cannot act.
• Health care power of attorney / advance directive – appoints an agent to make medical decisions and gives guidance about the types of care the client does or does not want in serious illness or at end of life.
• Other planning tools – may include special provisions for tax planning, charitable giving, or planning for beneficiaries with particular needs.

Probate and estate administration

Nay and Friedenberg advises and assists personal representatives (executors) and trustees with:

• Reviewing the decedent's assets and liabilities
• Determining whether a full probate is required or if a less expensive alternative is available
• Guiding the administration process and timelines
• Helping with the transfer of assets to heirs and beneficiaries

Estate and inheritance tax planning

The firm also provides guidance on strategies that can:

• Reduce or postpone estate and inheritance taxes
• Coordinate federal and Oregon state tax planning
• Use tools such as tax-planning trusts, charitable trusts and life insurance trusts when appropriate
• Address related issues such as gift taxes and capital gains tax on appreciated assets

Specific tax strategies are tailored to each client based on current law; clients are encouraged to discuss their situation directly with the firm.

Office address

Law Offices of Nay and Friedenberg LLC River Park Plaza 6500 S Macadam Ave #300 Portland, OR 97239 United States

Directions and area

• The office is in the John's Landing area of South Portland.
• The building (River Park Plaza) is a three-story brick building on the east (river) side of S Macadam Ave (Highway 43), at the corner of S Nebraska St and S Macadam Ave.
• It is approximately five blocks (about 1/4 mile) north of the intersection of Taylors Ferry Rd and S Macadam Ave, and about seven blocks south of the John's Landing Water Tower Mall.

Parking

• Visitor parking is available in the parking structure underneath the River Park Plaza building (P1 level).
• Please use marked "Visitor Parking" spaces.
• Maximum vehicle height clearance in the parking structure is 7 feet.

Public transportation

• TriMet bus lines 35, 36 and 40 stop directly in front of the building on S Macadam Ave.
• For current schedules and routes, clients should check with TriMet (503-238-RIDE or trimet.org).

The firm's elder law services include:

• General estate planning for older adults
• Planning for incapacity and alternative decision-making
• Long-term care and Medicaid planning
• Planning for a spouse who needs more care than the other spouse can provide
• Planning for disabled children and other family members with special needs
• Coordinating private resources with public benefit programs
• Protecting a healthy spouse from becoming impoverished when the other spouse needs long-term care

Elder law and incapacity planning

Elder law attorneys at the firm:

• Help clients prepare powers of attorney and health care directives so trusted agents can make financial and medical decisions if the client becomes unable to do so.
• Work to avoid the need for court-supervised guardianships and conservatorships where possible through advance planning.
• Counsel families about choosing appropriate types of care and settings as needs change.

Long-term care, Medicaid and other benefits

When long-term care is needed and finances are a concern, the firm:

• Reviews options for paying for care, including private funds, Medicaid and, in some situations, Veterans benefits.
• Explains program rules and how they may apply to the client's circumstances.
• Helps structure plans intended to allow a healthy spouse to keep certain assets and income while qualifying the spouse needing care for available programs, in accordance with applicable rules.

Planning for disabled or special-needs family members

The firm assists families who want to provide for a loved one with disabilities while preserving eligibility for important benefits by:

• Using special needs trusts and related tools.
• Providing for supplemental needs such as therapies, equipment, hobbies, travel and companionship without disqualifying the beneficiary from medical coverage or other programs.
• Integrating special needs planning with the overall estate plan for parents, grandparents or other relatives.

Support for aging parents and caregivers

Nay and Friedenberg also works with adult children and other caregivers who are helping aging parents to:

• Encourage early planning for powers of attorney, advance directives and wills or trusts.
• Understand how advance planning can affect long-term care costs, the ability to provide for a spouse or children, and potential taxes and court costs.
• Navigate difficult decisions during times of illness, transition or loss.

Ask anyway — the agent will say plainly that it is not published rather than guess.