Attorney Profiles

Experience
Eric C. Duncan brings over 18 years of experience as an estate planning and business lawyer to Ladd, Milaeger & Probst. Eric has a broad legal background in crafting estate plans for estates of all sizes, guiding estates through formal and informal probate, handling simple and complex commercial and residential real estate transactions, and advising business owners on a full range of corporate legal matters. In recent years, Eric has specialized in legal planning for families who have children with special needs and in post-divorce and second marriage estate planning.

Special Needs Planning/Guardianship
Eric understands the unique legal and practical issues faced by families who have children with disabilities, particularly as those children make the transition into adult life. Frequently, the parents will need to be named as legal guardians of their adult child. The parents should also consider establishing a “special needs trust” so that their child will not be disqualified for government benefits because of an inheritance from the parents or other family members (follow this link to Eric’s article “The Biggest Transition of All”).

Eric will take the time to get to know your family and your child’s particular abilities so that your child’s guardianship is specifically tailored to your unique circumstances. Also, no matter the size of your estate, Eric can help you build an estate plan that makes sense for you (whether that means a stand-alone “special needs trust” or more sophisticated estate planning techniques such as personal residence trusts, charitable trusts, and irrevocable life insurance trusts). Eric takes pride in being a long-term partner and resource for you and your family as you pass through all of life’s major transitions.

Post-Divorce and Second Marriage Estate Planning
Eric also understands that most people do not think about estate planning as they move on with their lives after a divorce. However, if you have been through a divorce, you should consider the following questions:

• If you have minor children, are you comfortable with your ex-spouse controlling all of your assets if you die prematurely?
• Have you properly changed your beneficiaries on your retirement plans and insurance policies?
• Does your ex-spouse still have the power to make healthcare decisions for you if you become incapacitated?
• Does your estate plan match the terms of your divorce order?
• Do you know who will raise your children upon your death?

With appropriate estate planning, Eric can help you address all of the legal issues that apply to your unique circumstances. No matter the size of your estate, you can be confident that you have taken care of your family to the best of your ability.