Law Office of Inna Fershteyn: Estate Planning Conferences
AREAS OF PRACTICE:
Health Care Law:
Law Offices of Inna Fershteyn provides counseling and representation of physicians and most other licensed health care professionals in all aspects of their professional practices. Practice clients range in size from individual practitioners to large groups and hospital and other institutional medical staffs.
Attorney Inna Fershteyn offers representation in following areas:
- HIPAA and other privacy compliance.
- General regulatory compliance, including billing fraud and abuse and restricted referrals.
- Structuring professional practices and multi-specialty groups.
- Operating, shareholder and similar agreements.
- Breakups and dissolutions.
- Employment contracts.
- Purchase/sale of practices and facilities.
- Medical building and equipment acquisition and leasing.
- Establishment of Article 28 facilities.
- Management service organizations and agreements and avoiding fee splitting and complying with Federal and State laws governing delivery of health care services and the corporate practice of medicine.
- Nuclear, MRI, ultrasound, wound care, physical therapy and other diagnostic and treatment services.
Our Law Office also represents physicians and other licensed health care professionals in: - Anti-Kickback and Stark federal and state restricted referral laws and safe harbors.
- Professional disciplinary actions by the OPMC and OPD.
- Medicaid/Medicare.
- Insurance and third party payer audits and investigations.
- Managed care provider terminations.
- Professional liability insurance surcharge and termination hearings.
- Fraud and abuse actions, OPMC hearings.
- Medical staff privilege proceedings in all applicable courts and forums.
- Expanding services or forming and structuring groups or joint ventures.
- edicare reassignment prohibitions
Business Planning and Corporate:
Offices of Inna Fershteyn specializes in complex business transactions and helps clients to successfully open, buy, sell and operate variety of businesses including medical offices, ambulette companies, privately held businesses, management companies, retail establishments, car washes, and others. Offices of Inna Fershteyn will help your business to get off the ground fast. We can handle all the consultation, drafting and filing necessary to form your entity correctly. Our business formation services include in-depth one-on-one consultation, drafting and filing your articles, drafting shareholder agreements, bylaws, operating agreement, share certificates, and our care and feeding memo to help in your first several months of new operations.
What Entity to form: CORPORATION vs LLC ? Formation of new entities: Attorney Inna Fershteyn and her team of dedicated professionals work closely with financial advisers and accountants to help both start-up companies and existing ventures and to create the best financial and tax structure for their entity. As an experienced corporate finance attorney, Inna Fershteyn provides advice on selection appropriate legal business entities such as sole proprietorship, corporation, limited liability company, and partnership. She also provides assistance with corporate governance, and updating and preparing corporate records. Our services include: - Incorporation, s-corp and c-corp, drafting of bylaws.
- LLC's: LLC formation and operating agreements.
- Partnerships, Limited Partnerships, Limited Liability Partnerships.
- Taxpayer ID.
- IRS Sub-S elections IRS Form 2553.
- Buy-Sell Agreements.
- Shareholder agreements.
- Corporate Minutes and Resolutions.
- Share certificates.
Corporate Continuity and Business Acquisitions: Offices of Inna Fershteyn helps clients with all aspects of corporate continuity and business acquisitions. Attorney Inna Fershteyn, using her legal and practical skills, helps clients negotiate and draft stock and asset purchase agreements, and prepares businesses for mergers and acquisitions. Moreover, she assists clients with dissolution of the entity and forming joint ventures and strategic alliances. Commercial and Employment Law/ Commercial Transactions: Offices of Inna Fershteyn is experienced in all aspects of business planning, from the formation and initial financing of a business, to acquisitions, mergers and liquidations. They can offer services such as preparing: - Purchase and Sale and Distribution agreements.
- Purchase/Sale of Business, Assets, and Stock.
- International contracts.
- Employment agreements.
- Shareholder agreements.
- Partnership agreements.
- Independent contractor agreements.
- Licensing agreements and Intellectual Property.
- Commercial Lease and Residential Lease.
- Promissory Notes and Security Agreements.
- Non-Compete and Non-Disclosure Agreements.
Employment Transactions: Offices of Inna Fershteyn provides thorough guidance necessary to respond to the operating and regulatory needs of our clients and today’s demanding business climate. Her assistance with drafting employment, non-competition, and non-disclosure agreements has been successful over the years in practice. In addition, she specializes in drafting severance and release agreements and employment manuals. As an experienced lawyer, Inna Fershteyn prepares Human Resources policies and reviews discrimination issues. When the case goes to court, Offices of Inna Fershteyn provide the best representation of employees and employers with respect to the Unemployment Insurance issues. - Employment Discrimination (race, color, religion, creed, sex, and national origin).
- Severance agreements.
- Non-compete agreements.
- Employment contracts.
- Employee handbooks.
- Wrongful termination litigation.
- Ongoing legal counsel on all employment matters.
Criminal Law: It is important to know your rights during an arrest and the circumstances that may lead to one. In this article, by Inna Fershteyn, important aspects of the arrest are described, as well as the legal rights of the arrested. In any case, you should be told the reason of the arrest and be given an opportunity to contact your lawyer. Before making any rapid decisions or actions, you should always get in touch with the lawyer, in order to avoid undesirable consequences. For more information, call Inna Fershteyn, who will provide you with useful facts and represent you if you have been arrested. Your Rights If ArrestedLicensing: New York State Liquor and Ambulette Licensing: Offices of Inna Fershteyn also helps her clients to acquire and protect various licenses in New York including New York State Liquor License and Ambulette License. As Business Lawyers and Attorneys with a focus on liquor license procurement in New York State we understand that obtaining a liquor license is a lot of work and can be at the very least, confusing. Offices of Inna Fershteyn are also experienced in assisting start-up and existing businesses procure and transfer liquor licenses in New York State. Our corporate and business division focuses on the development and smooth operation of our client's businesses while advising to avoid common costly mistakes. - Applying for a Liquor License in New York State.
- Transferring a Liquor License in New York State to another entity in the event of dissolution or sale of a business.
- Defense of Liquor License violations.
- Representation before the New York State Liquor Authority.
Checklist for Starting a Business:
IRS Guidelines
Most businesses start out small. As a new business owner you need to know your federal tax responsibilities. This page provides links to basic federal tax provisions for people who are starting a business. It also provides information to assist in making basic business decisions. The list should not be construed as all-inclusive. Other steps may be appropriate for your specific type of business.
What New Business Owners Need to Know About Federal Taxes
Selecting a Business Structure Employer Identification Number (EIN) Business Taxes Recordkeeping When Do I Start My Tax Year? Checklist for Starting a Business
References/Related Topics
Small Business Resources Publication 4591, Small Business Federal Tax Responsibilities (PDF) Tax Calendar for Small Businesses and Self-Employed
Business Plan
Business plan - Wikipedia: This is a summary article that covers many topics related to business plans - their content, how they are used, legal issues, and spoofs of business plans, among others. Please see individual sections for links to detailed discussions of various topics relating to business plans. Business Plan Basic: A written guide to starting and running your business successfully is essential. This plan will encourage loans, promote growth, and provide a map for you to follow. Trust, Estate Planning and Wills
Estate Tax Changes 2010 Lack of Estate Tax in 2010: Now Cheaper to Die? Estate Planning Law Firm - Serving to build and preserve the wealth of individuals as well as owners of businesses, Offices of Inna Fershteyn counsel clients in all aspects of estate and trust planning, administration and litigation and business succession planning. We provide a full range of services including the preparation of wills, revocable trusts, insurance trusts and supplemental needs trusts. In estate tax planning and business succession planning for the larger estates, we effectively handle the transfer of wealth at discounted values through the use of trusts such as GRATS and QPRTS and the creation of family limited partnerships, limited liability companies, charitable foundations and sales to intentionally defective grantor trusts. We can integrate all of these elements into a proper and efficient wealth transfer and business succession plan. Estate Planning and Wills - Law Offices of Inna Fershteyn are experienced Wills, Trusts and Estate Attorneys. We can file to admit a Will or Codicil to probate with the Probate Court on behalf of an executor, personal representative or beneficiary, or handle a Will contest to object to probate on behalf of a claimant to the estate. Our attorneys can also assist relatives of people who die intestate (without a Will) and applying to the Probate Judge to appoint an administrator or other personal representative and distribution of the estate to beneficiaries or their guardians, and paying Federal taxes.
Wills and Trusts - Law Offices of Inna Fershteyn assist clients with various sized estates to achieve their aims in the preservation and orderly distribution of assets, without incurring excessive administrative costs or taxes. Our law offices also help with selection of Trustees for Irrevocable Trusts and works closely with such institutions as Morgan Stanley and HSBC Bank USA. We consult closely with our clients to provide a range of solutions, depending on the needs of the client, including when appropriate, the use of estate planning tools. Trust: The following article explains what a trust is, its benefits, and the way it works. As described by Inna Fershteyn, a living trust is ultimately a method of controlling and owning assets. In a question-answer format, the attorney discusses why anyone of us should create a living trust and how it protects us from unnecessary expenses. For additional information about the trusts, please consult Inna Fershteyn who will guide you all the way throughout the process.
Medicaid Planning - US Dept. of Health and Human Services Medicaid is a joint federal, state and local program that provides a broad range of medical and health benefits, including long-term care for those who are permanently or chronically ill, injured or disabled. Medicaid should not be confused with Medicare, which is a Federal medical insurance program that covers acute medical problems and rehabilitation. With proper legal advice and comprehensive Medicaid Planning from a qualified Elder Law attorney, you or your family member or friend may be able to conserve your life’s savings and your income, and your home, for yourself and your Estate. Without proper advice and planning, under the Medicaid eligibility guidelines, you or your family member or friend will not qualify for Medicaid home care benefits.
Medicaid - General Information Community Services and Long Term Supports Medicaid Reimbursement & Finance Medicaid Integrity Program State Program Integrity Support & Assistance Medicaid Consumer Enrollment & Coverage Dual Eligibility Early and Periodic Screening, Diagnostic, and Treatment Services
Elder Law - Law Offices of Inna Fershteyn provides clients with easy to understand, timely information about Medicaid planning and eligibility, nursing home law, and all other issues pertaining to elder law. Our attorneys are dedicated to helping families legally protect their assets from the high expense of long-term care by helping them plan for and qualify for Medicaid benefits. Our attorneys can advise you on your financial options, whether you are in Brooklyn, Queens, Manhattan, Staten Island, the Bronx, or Westchester County or Nassau County.
Guardianship Proceedings Article 81 of New York’s Mental Hygiene Law authorizes a court to appoint a guardian to manage the personal and/or financial affairs of a person who cannot manage for himself or herself because of incapacity. Law Offices of Inna Fershteyn can help people initiate guardianship proceedings to protect the property and physical well-being of children and incapacitated or disabled individuals. A guardianship gives another person legal authority to make health care decisions, financial decisions, and property management decisions for people who are unable to make those decisions for themselves. We are certified by the court to act as an attorneys for Incapacitated Person (IP).
Off-Shore Investments - Offshore investing refers to a wide range of investment strategies that capitalize on advantages offered outside of an investor's home country. Since this procedure is very complex and requires professional knowledge of the issues, Inna Fershteyn offers to help client to make the right decisions. She provides assistance with setting up Off-Shore Trusts and advises clients regarding the Jurisdiction Selection for Off-Shore Investments and Private Foundations. Estate Planning Documents - Attorney Inna Fershteyn also helps with advance planning for potential disability or incapacity, to avoid guardianship procedures. We prepare Durable Power of Attorney, Living Wills, and Medical Power of Attorney. In addition, Inna Fershteyn specializes in drafting of Appointment of Guardians for Minor Children. Residential Real Estate - New York City Transactions: Offices of Inna Fershteyn also assist clients in all types of REAL ESTATE TRANSACTIONS, both RESIDENTIAL AND COMMERCIAL. Whether you are buying a home, selling your house, or purchasing property as part of a business merger or acquisition, we have the knowledge and experience to meet your needs. Ms. Fershteyn provides legal advice and general counsel for all aspects of New York City real estate transactions, including cooperative apartments, condominiums, single-family homes, apartment buildings, mixed-use buildings, and undeveloped land. Offices of Inna Fershteyn provide purchasers and sellers with following services: - Drafting of purchase and sale agreements.
- Reviewing contracts.
- Reviewing of offering plans.
- Reviewing whether there are any violations pending at the Department of Housing, Preservation and Development and how old any violations may be.
- Reviewing whether there are any unpaid taxes or unpaid HPD liens against the building.
- Reviewing whether the building is properly registered with the Department of Housing, Preservation and Development, and with the Division of Housing and Community Renewal.
- Acquisition of residential property in New York.
- Mortgages and financing.
- Title examinations (title and lien searches).
- Closings.
Buying a Home: This article discusses important aspects of obtaining a new house. At first, this process might seem very simple and unproblematic, but in reality, it requires thorough examination and attention. Inna Fershteyn, a knowledgeable lawyer, will help you make the right decisions about the purchase of a new house and will also protect your rights. Some of the frequently asked questions followed by the response from Inna Fershteyn are presented in this article. If you are planning to buy a house, please make the right choice and consult an experienced attorney, Inna Fershteyn, before making any crucial decisions. Buying a Home (English Version) Buying a Home (Russian Version)
Residential Leases and Subleases - Inna Fershteyn represents landlords in drafting and negotiating the lease terms, and likewise represents tenants in negotiating lease terms to balance the playing field, making the lease fair for both parties. Commercial Real Estate Transactions - Inna Fershteyn also represent clients in all types of New York commercial real estate transactions with an exceptional closing rate on all signed Purchase and Sale Agreements. Such services include: - Drafting of purchase and sale agreements.
- Reviewing contracts.
- Lease review.
- Reviewing tax issues.
- Reviewing of offering plans and financial statements.
- Reviewing whether there are any unpaid taxes or unpaid HPD liens against the building.
- Acquisition of commercial property in New York.
- Mortgages and financing.
- Title examinations (title and lien searches).
- Closings.
Commercial Litigation:Commercial Litigation articles When you own or run a business, it's almost inevitable that, sooner or later, a business deal becomes problematic, or a supplier defaults on a contract - and your company finds itself in litigation. When that happens to you, turn to The Law Firm of Inna Fershteyn. New York Divorce and Family Law articles Negotiate and Draft Pre-Nuptial, Nuptial, and Post-Nuptial Agreements: Drafting a prenuptial or postnuptial agreement can play an important role in protecting your rights either before or during marriage. This agreement can save you time and money in the event of a divorce. Law Offices of Inna Fershteyn provides specializes in preparation, review, and negotiatiation of prenuptial and post-nuptial agreements, which are simply security measures. Represent Clients in Contested and Uncontested Divorces: Filling for a divorce could be a complicated and stressful process. Inna Fershteyn, an experienced lawyer, will represent the client in court, as well as offer knowledgeable guidance. It is my goal to help the client obtain the divorce and receive fair and equitable treatment. Spousal Support: Spousal support is the payments or transfers of money or assets from one spouse to another. It's designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.
File Petitions and Represent Clients in All Family Court Proceedings: Filing petitions and going through court procedures could be a very stressful process. We help clients to file petitions and represent him/her in all family court proceedings. The assistance of a professional and knowledgeable lawyer will make the process less tense and more efficient. Provide Advice and Assistance in Adoption Proceedings: will provide professional advice and assistance in adoption proceedings. There are myriad nuances and laws that have to be followed when adapting a child. As a result, the assistance of an expert is necessary in order to comply with all regulations. Child Support, Custody and Visitation: Decisions regarding the custody, visitation and support of your children will be perhaps the most difficult you will have to make during the entire divorce process. However, they may also be the most important. Your children’s future well-being will depend directly on your ability to come to a reasonable agreement with your spouse. We will assist you with post-divorce actions such as child support modification, child support collection, visitation issues, and denial of visitation.
Guardianship Proceedings: The appointment of a Guardian may be necessary if a person lacks capacity to make decisions necessary to provide for personal needs and/or property management. A Guardian should only be appointed if a less restrictive alternative is unavailable. Since the appointment of a Guardian limits liberty and the privacy interests of an alleged incapacitated person (AlP), it is carefully supervised by the courts. A guardianship proceeding, under Article 81 of the Mental Hygiene Law, is commenced by Order to Show Cause and petition and usually is accompanied by a medical affidavit. A variety of persons interested in the welfare of an alleged incapacitated person can commence a proceeding. Attorney Inna Fershteyn is certified by the court to act as an attorney for AIP or as a court evaluator.
Surrogates Court: Prepare and File Petitions to Probate a Will: The process of probating a will is the formal process by which the Court determines a document has been proved to be the last will and testament of the decedent and officially appoints the executor or some other person to handle the distribution of the decedent's property. Even if the will is not going to be probated, anyone who is in possession of the will of an individual who has died must bring the will to the Probate Court for filing. We will help the client to prepare and file petitions to probate the will. Help Clients Obtain Testamentary and Administration Letters: The document called "Letters Testamentary" or "Letters of Administration" is a certificate evidencing your appointment and authority as personal representative. During the administration of the estate, certified copies of the Letters may be requested by banks, title companies, transfer agents, tax authorities and others. We will obtain certified copies of the Letters for use when they are needed. Assist Clients with Finding Missing Relatives: Our office assists clients with finding missing relatives by using expert skills and latest technology. Sometimes it seems practically impossible for an individual to find a missing relative. In order to achieve the best results, consult Inna Fershteyn, who utilizes available to her resources to make the search successful. International Estate Locations and Search for Hidden Assets: In many cases, individuals do not reveal all the income that they earn, for example rental incomes, dividends, and interest from stocks. Virtually everything that belongs to the person can be construed as income or converted into income for your usage. You just have to know where to look and what to look for. We will help the client locate international estate and search for hidden assets. Immigration LawImmigration Law articles Deportation and Removal Proceedings: Removal proceedings are the deportation of non-citizens who the government believes are not entitled to stay in the US, or to keep out individuals who do not have a right to enter the US. There are certain conditions which allow a person to avoid being deported. We help the client to insure his remaining in the US. Appeals of Immigration Decisions: If your application is refused, the Notice of Refusal will be provided to you, outlining the reasons for refusal. It will also state whether or not you have a right to appeal and time limit within which you must submit your appeal. In this case, you might need an assistance of an expert, our attorneys will help you construct a competent immigration appeal. Political Asylum: Political Asylum could be granted to individuals residing in the U.S. and who are unable or unwilling to return to their native country because of persecution or fear of it. We will help the client to win the case and be granted an asylum, which will allow the client to live and work in the United States. Battered Spouse Petitions: If you’ve become a victim of domestic violence committed against you by your citizen/greencard holder spouse, you may qualify for permanent residency even if you are separated from your citizen /greencard holder spouse and he/she is not willing to cooperate to help you to exchange your temporary greencard for a permanent one. We will help the client to collect necessary evidence in order to prove that the client qualifies for battered spouse provision. Green Card through Employer: An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process. We will help the client to go through all necessary procedures in order to obtain green card through employment. Student Visas, Exchange Visas: Applying for student and exchange visas is a long process that requires myriad documentations and filling out of applications. We will help the client go through the process in an expeditious and effective manner. Family-Based Petitions: The family based petitions permit certain aliens to become U.S. permanent residents or U.S. citizens through family relations with U.S. green card holders or U.S. citizens. Our objective is to assist the client in avoiding filling mistakes and know what to expect at USCIS Service Center during the I-130 Form processing. Preparation and Representation at the immigration Interview: Immigration interview is an important event in an individual’s life, which determines if he/she will be granted permission to immigrate to another country.
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