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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

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        • Joseph A. Bellinghieri
        • Hiruy Y. Berhane
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        • Brian J. Forgue
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        • Patrick J. Gallo, Jr.
        • Mary Kay Gaver
        • J. Charles Gerbron, Jr.
        • Leo M. Gibbons
        • Joseph P. Green, Jr.
        • Frank W. Hosking III
        • Katherine A. Isard
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        • Matthew M. McKeon
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        • Lance J. Nelson
        • Timothy F. Rayne
        • Michael C. Rovito
        • Duke Schneider
        • Andrew R. Silverman
        • Ashley B. Stitzer
        • Patrick L. Ware
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        • Natalie R. Young
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Louis N. Teti

Elder Law

February 6, 2015 by Hoppel Design

Elder law focuses on the needs of families and individuals as they age. These needs can include assistance in arranging at-home care, placement in a long-term care community such as an assisted living facility (or personal care home) or a skilled nursing home, representation in a guardianship, and guidance through the complicated maze of Medicare, Medicaid, and Veterans benefits.

Medicaid Planning

Medicaid planning is the assistance provided to a potential Medicaid applicant in advance of, and in preparation for, their application for Medicaid. Generally Medicaid planning becomes an issue for seniors when there is a need for long-term or nursing home care. Nursing homes are extremely expensive, with the average cost of a nursing home in Pennsylvania being over $11,000 per month, and in Delaware over $12,000 per month. Many seniors do not have the income and/or resources necessary to cover these high nursing home costs, especially when there is a healthy spouse still living at home. Seniors therefore will generally rely on their lifetime of accumulated assets to cover the high nursing home costs. The nursing home’s expensive costs can understandably exhaust a couple or individual’s assets rather quickly.

Medicaid planning affords a Medicaid Applicant the opportunity to protect their lifetime of hard-earned resources. Medicaid planning encompasses a complex, and time intensive process involving identification and collection of asset documentation, and strategic protection of assets which in many cases will be a complete re-structure of the applicant’s financial assets.

In many instances a Medicaid applicant will require the legal and financial expertise of an attorney who focuses in the area of Elder Law and Medicaid planning. Families will engage an Elder Law attorney in order to ensure the best possibility of acceptance into the Medicaid program.

Veterans Pension Benefits

We believe that all veterans of the United States Military deserve an advocate. We assist those war time veterans with medical and financial need in obtaining benefits to which they are entitled by virtue of their sacrifice and service.

In order to pursue VA benefits, an attorney must be accredited to practice before the Veterans Administration. Our firm’s VA accredited attorneys have a track record of succeeding in the VA claims process as a result of our unrelenting and dedicated skill. Our unique success is based upon our individualized approach to each and every veteran’s particular situation.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Tax Law

February 6, 2015 by Hoppel Design

Tax Law

MacElree Harvey’s tax lawyers provide tax advice on a wide variety of personal, business and real estate matters, as well as thoughtful and experienced representation in obtaining rulings and other guidance from tax authorities and in resolving tax controversies.

We pride ourselves on providing well-thought-out advice in a manner that is timely, efficient and reflects our clients’ business objectives. The knowledge and experience of each tax lawyer is not limited to just the tax department, but is made available firm wide through close collaboration and cooperation across practices groups.

For taxpayers engaging in business and real estate transactions, success depends on compliance with a diverse and ever-evolving array of tax rules. Tax regulations and policies are constantly changing, and often vary widely in different national, regional, and local jurisdictions. A thorough understanding of the tax regulations can mean the difference between profitable transactions and harsh penalties.

MacElree Harvey provides comprehensive and strategic tax planning advice, combining a thorough knowledge of complex tax laws with a pragmatic problem-solving approach to our clients’ tax issues. We serve corporations, private equity funds, family businesses, individuals, partnerships, limited liability companies, and non-profits in a wide variety of transactions ranging from routine corporate formations to complex mergers and acquisitions. Our goal is to maximize after-tax results for our clients within applicable laws and regulations.

MacElree Harvey’s tax attorneys provide thoughtful and experienced advocacy on behalf of clients in federal, state and local tax disputes. We represent clients at all stages of the administrative process, from audit through administrative appeal and post–appeals mediation. We also represent clients in a wide range of tax collection matters, from initial assessment through enforced collection means (liens and levies).

MacElree Harvey’s Tax Controversy lawyers have an in-depth understanding of tax matters arising in controversies affecting a broad array of industries, including the financial products, hedge fund, manufacturing, transportation, entertainment, and utility industries. Likewise, we have significant experience with many of the issues on which the Internal Revenue Service (IRS) and state and local taxing authorities currently focus their resources. On the federal side those include debt/equity issues, the determination of ownership of property, capital versus expense classifications, losses from trading in securities and commodities, economic substance and business purpose, and placed-in-service date disputes. We have also handled cases involving tax shelters, accounting methods, and promoter registration. With respect to state and local controversies, our experience extends to a wide range of income, capital, and transactional tax issues.

We routinely advise clients on state and local tax planning matters, including entity selection, operational flow, and the tax consequences of acquisitions, reorganizations, and divestitures. Our lawyers have handled tax controversies in state courts and administrative proceedings.

We advise our not-for-profit clients on a broad range of matters including general tax issues, tax-exempt financing, securing and maintaining recognition of tax-exempt status, issues regarding payments to grantees (including foreign organizations), corporate governance, restructuring and bylaws issues, contract negotiations, employment issues, donor issues, real estate transactions, land use and local government issues, and the substantive areas of law with which the client is involved.

We have extensive experience in representing our nonprofit client in an application for real estate tax exemption, or defending our client when an existing tax exemption is changed or challenged. We have represented clients before tax assessment boards, tax courts, courts of general jurisdiction and have successfully negotiated tax settlements and payment in lien of tax (“PILOT”) agreements for our nonprofit and charitable clients.

Below are some of the forms that we prepare for clients:

  • Form 1040 – Individual tax return
  • Form 1041 – Fiduciary tax return
  • Form 1065 – Partnership tax return
  • Form 1120 – Corporate tax return
  • For 1120 S – S Corporation tax return
  • Form 990  – Foundation tax return
  • Form 5227 – Split Interest Trust tax return
  • Form Fin Cen 114 – Foreign Bank reporting form
  • Form 1040 NR – Non Resident individual tax return
  • Form 1023 – Application for Recognition of Exemption Under 501 (c) (3)

ATTORNEYS

Joseph A. Bellinghieri

Harry J. DiDonato

Duke Schneider

Andrew R. Silverman

OFFICES

West Chester, PA

ARTICLES

Taxation of Foreign Investment in Delaware Entities

Post-Mortem Estate Planning

Taxation of Foreign Investment in Delaware Entities

The Pennsylvania Tax Benefit Rule Compared to the Federal Rule

ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Mediation and Arbitration
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Estates & Trusts Law

January 29, 2015 by Hoppel Design

Estates & Trusts Law


At MacElree Harvey, our experienced estate planning attorneys help individuals and families protect their assets, plan for the future, and ensure their wishes are carried out.

We work closely with clients to create customized estate plans that provide control during life, protection in the event of incapacity, and efficient transfer of wealth to loved ones.


Comprehensive Estate Planning Services

Our estate and trust lawyers provide a full range of estate planning services, including:

  • Wills and advanced estate planning strategies
  • Revocable and irrevocable trusts
  • Powers of attorney (financial and healthcare)
  • Living wills and advance healthcare directives
  • Asset protection planning
  • Special needs planning
  • Business succession planning

We help clients structure their estates to minimize Federal Estate Tax, Pennsylvania Inheritance Tax, and income tax exposure, while preserving wealth for future generations.


Planning for Incapacity & Long-Term Protection

A strong estate plan does more than distribute assets, it ensures your affairs are handled properly if you become unable to manage them yourself.

Our attorneys help clients:

  • Appoint trusted decision-makers
  • Avoid unnecessary court involvement
  • Protect assets during periods of disability or incapacity


Estate & Trust Administration

We guide executors, trustees, and families through the estate administration process in Pennsylvania, including:

  • Probate and estate settlement
  • Trust administration
  • Preparation of accountings
  • Distribution of assets
  • Resolution of creditor claims

Our goal is to make the process as efficient and stress-free as possible during a difficult time.

Estate & Trust Litigation and Orphans’ Court Matters

In addition to planning, our attorneys handle estate and trust disputes in the Orphans’ Court Division of Pennsylvania.

We represent:

  • Executors and administrators
  • Trustees and fiduciaries
  • Beneficiaries and heirs
  • Banks and trust companies
  • Family businesses and nonprofits

Matters we handle include:

  • Will contests and trust disputes
  • Guardianship and minor estate matters
  • Petitions to remove executors or trustees
  • Fiduciary liability and breach of duty claims
  • Accounting disputes and surcharge actions

Our attorneys are highly experienced in navigating the specialized rules of Pennsylvania Orphans’ Court.

Fiduciary Disputes & Asset Mismanagement Claims

We are seeing a growing number of disputes involving:

  • Misuse of power of attorney
  • Self-dealing by fiduciaries
  • Fraud or wrongful transfer of estate assets

We represent clients in actions to recover assets, enforce fiduciary duties, and pursue damages where appropriate.

Alternative Dispute Resolution for Family Matters

Because estate disputes often involve family members, we prioritize efficient and respectful resolution whenever possible.

We frequently assist clients with:

  • Mediation
  • Arbitration
  • Private settlement negotiations

This approach can reduce conflict while preserving important relationships.

Speak with an Estate Planning Attorney

If you would like to schedule a consultation, please call the firm at 610.436.0100 or visit macelree.com/contact-us.

PRACTICE AREAS

Elder Law

Estate Planning

Guardianships

ATTORNEYS

Joseph A. Bellinghieri

Robert A. Burke

Sally A. Farrell

William J. Gallagher

Patrick J. Gallo, Jr.

Frank W. Hosking III

Daniel R. Losco

John F. McKenna

Duke Schneider

OFFICES

Centreville, DE

Kennett Square, PA

West Chester, PA

ARTICLES

Post-Mortem Estate Planning

ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Mediation and Arbitration
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Primary

West Chester, PA

January 29, 2015 by Hoppel Design

Centreville, DE | Hockessin, DE | Kennett Square, PA | West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100

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Attorneys

Joseph A. Bellinghieri

Joseph A. Bellinghieri

Hiruy Y. Berhane

Hiruy Y. Berhane

Patrick J. Boyer

Patrick J. Boyer

Krzysztof M. Bozentka

Krzysztof M. Bozentka

Jeffrey P. Burke

Jeffrey P. Burke

Robert A. Burke

Robert A. Burke

Matthew C. Cooper

Matthew C. Cooper

Pilar Diaz

Pilar Diaz

Harry J. DiDonato

Harry J. DiDonato

Photo of Caroline G. Donato.

Caroline G. Donato

Nicholas S. Eisel

Nicholas S. Eisel

Sally A. Farrell

Sally A. Farrell

Brian J. Forgue

Brian J. Forgue

William J. Gallagher

William J. Gallagher

Patrick J. Gallo, Jr.

Patrick J. Gallo, Jr.

Mary Kay Gaver

Mary Kay Gaver

J. Charles Gerbron, Jr.

J. Charles Gerbron, Jr.

Leo M. Gibbons

Leo M. Gibbons

Joseph P. Green, Jr.

Joseph P. Green, Jr.

Frank W. Hosking III

Frank W. Hosking III

Katherine A. Isard

Katherine A. Isard

Peter E. Kratsa

Peter E. Kratsa

Mary E. Lawrence

Mary E. Lawrence

Michael G. Louis

Michael G. Louis

John F. McKenna

John F. McKenna

Matthew M. McKeon

Matthew M. McKeon

Photo of the attorney listed on this page.

Lou Mincarelli

Brian L. Nagle

Brian L. Nagle

Lance J. Nelson

Lance J. Nelson

Timothy F. Rayne

Timothy F. Rayne

Michael C. Rovito

Michael C. Rovito

Duke Schneider

Duke Schneider

Andrew R. Silverman

Andrew R. Silverman

Ashley B. Stitzer

Ashley B. Stitzer

Patrick L. Ware

Patrick L. Ware

Jeremy A. Whalen

Jeremy A. Whalen

Photo of the attorney listed on this page.

Natalie R. Young

Practice Areas

Banking & Finance Law

Business and Corporate Law

Commercial Litigation

Criminal Defense

Employment Law

Estates & Trusts Law

Family Law

Litigation Law

Mediation and Arbitration

Personal Injury Law

Real Estate

Real Estate & Land Use Law

Tax Law

Trust & Estate Litigation

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5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
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209 East State Street Road
Kennett Square, PA 19348
610-444-3180
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West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100
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