Mr. Fernandez’s practice is focused on structuring and implementing estate and tax planning strategies for individuals at every stage of life and closely held businesses, including business succession planning.  He takes pride in structuring flexible estate plans that protect surviving spouses and minor and adult beneficiaries, including beneficiaries with special needs.  His work includes assisting clients with all of the legal and tax aspects of the administration of decedent’s estates.

While a large part of his practice is dedicated to estate planning and estate administration matters, his work includes assisting clients with all of the legal and tax aspects of the formation and operation of various business entities, including proprietorships, partnerships, corporations, limited liability companies and joint ventures.  In addition, Mr. Fernandez has substantial experience in negotiating and completing the purchase and sale of businesses, including asset purchases and sales, stock purchases and sales, real estate purchases and sales, corporate reorganizations, and other similar arrangements. 

A Dean’s Scholar at The Dickinson School of Law of The Pennsylvania State University, Mr. Fernandez received his undergraduate degree, Phi Beta Kappa from Gettysburg College, and his Master of Laws in Taxation from the Villanova University School of Law.

Representative Matters

Tax and Estate Planning

• Drafted individual estate planning documents for clients, taking into consideration both tax and non-tax issues to craft appropriate documents, including trusts for beneficiaries with special needs. 
• Drafted irrevocable life insurance trusts, grantor retained annuity trusts, charitable trusts and intentionally defective grantor trusts to achieve client objectives with respect to tax planning and family needs.
• Counseled clients regarding the structure and documentation of 1031 exchanges to effectively defer the tax on capital gains. 

Estate Administration

• Handled complex estate administration matter, researched federal and state tax issues and drafted receipt and release agreements to informally settle estate, which saved the beneficiaries from the additional costs of a formal Orphans Court adjudication.
• Successfully petitioned the Orphans Court to allow the opening of an estate more than 20 years after the decedent’s death to administer newly discovered assets.
• Prepared Petition for Adjudication and advocated on behalf of personal representative of estate before County Orphans Court. Successfully obtained court approval for proposed distribution of remaining estate assets.

 Succession Planning

• Centralized control and significantly reduced owners estate and gift tax exposure through a major reorganization of a closely held real estate business.
• Worked closely with family business owners to resolve intra-family conflicts that arose during succession of second-generation family construction business.

 Business Law

• Principal drafter of complex limited liability company operating agreement for closely-held real estate business seeking to restructure equity ownership.
• Negotiated and drafted buy-sell agreements for buyers and sellers with particular attention paid to the tax consequences of the proposed transaction. Prepared accompanying legal agreements and managed transactions through to closing in a cost-effective manner.
• Counseled client regarding appropriate business entity for start-up apparel business.  Filed paperwork to create entity and drafted appropriate organizational documents for new business entity.

 Tax Controversy

• Successfully negotiated with New York taxing authority for the abatement of over $30,000 of tax penalties on delinquent decedent’s final New York income tax return. The decedent had been deceased for over 20 years and significant penalties had accrued.

 Real Estate/Land Use

• Lead attorney responsible for drafting all easement and developer agreements for major big box development.  Negotiated with local municipal counsel for multiple municipalities to achieve client goals.
• Represented and advocated for real estate developer clients before local municipal boards and commissions to successfully gain necessary development approvals.