THE FIRM

Lenkinski, Carr & Richard LLP is a litigation boutique that specializes in all aspects of family law and estates litigation. We provide fair, compassionate and creative legal advice that challenges the boundaries of the current law. We consider and apply a variety of conflict resolution techniques, ranging from hard-fought litigation in court or arbitration to creative problem solving through negotiation or mediation.

AREAS OF PRACTICE

Family Law

We have broad expertise in family law, including divorce, child and spousal support, custody and access, property division, cohabitation agreements, marriage contracts and separation agreements.

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We frequently address complex trust and taxation matters, as well as conflicts of law and cross-jurisdictional issues.

The matters in which we are involved are substantial and legally significant, and our cases are often at the forefront of the law. We offer individualized, sophisticated service to each of our clients.

Estate Litigation

Estate Litigation

Surviving spouses have the right to either accept the entitlement pursuant to their deceased spouse’s will or an equalization payment. The same financial and legal issues that apply for separated spouses apply to widowed spouses and dependant children. We assist widowed spouses to make prudent financial decisions during this difficult time.

We also represent parties who were financially dependent on the deceased and have been left with insufficient support or none at all.

We prosecute claims against trustees who fail to comply with their fiduciary obligations, and defend trustees against claims alleging a breach of trust.

When appropriate we will challenge a will in cases of undue influence, the absence of testamentary capacity or an invalid will.

Power of Attorney

When a person's mental capacity to make his or her own decisions about money and personal care diminishes, friends or family members may step in to assist. “Assistance” can mean different things to different people. In some cases, “assistance” is abuse or misuse of the powers granted to the power of attorney. In nearly all of these cases, emotions are highly charged, dynamics are complex, and the stakes are incredibly high. We can help.

Alternative Dispute Resolution

Mediation

Mediation is a voluntary process, in which parties agree to have an impartial person (the mediator) help them reach a mutually agreed upon resolution. If mediation is unsuccessful, the parties can arbitrate their dispute.

Arbitration

Arbitration is a form of alternative dispute resolution, in which the parties agree to be bound by the decision of a third party (the arbitrator) who has reviewed the evidence. Our firm offers both mediation and arbitration services.

Our

Approach

The first consultation with us is your opportunity to explain your unique circumstances and goals. We will discuss your legal rights and the realistic options available to protect your interests. Then we will work with you to formulate a strategy and action plan to reach your goals.

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We recognize the importance of cost-effective legal services tailored to the individual client. To that end, we are proud to offer our clients several billing options.