Mr. Fernandez 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 decedents’ estates.

While a large part of Mr. Fernandez’s 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 and 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.

Speeches and Publications

• “Estate Planning: 10 Stories from the Front Line.” Presenter. Montgomery County Community College Foundation. October 21, 2019
• “Estate Planning for Dummies (and Smart People Too).” Presenter. Montgomery County Community College Foundation. February 15, 2019.
• “The Truth About Estate Planning: An Interactive Conversation.” Panelist. Montgomery County Community College Foundation. November 11, 2016.
• “Protecting American from Tax Hikes Act of 2015.“ Client Alert. December, 2015.
• “Pennsylvania’s New Power of Attorney Law: What You Should Know.” Client Alert. February, 2015.
• On September 24, 2014, Adam presented a lunch and learn seminar to wealth management experts at Boenning & Scattergood’s West Conshohocken offices. Adam spoke about important “best practices” for financial planners assisting clients with estate planning issues, including the importance of beneficiary designations in the estate planning context, as well as an update on the newly passed Act 95 – the New Power of Attorney Law.
• On August 15, 2013, Adam spoke to a working parents group at Bryn Mawr College on the topic of estate planning basics, which included a review of basic estate planning documents and the current status of the Federal estate and Pennsylvania inheritance tax regimes.
• On June 12, 2013, Adam addressed a group of 40-50 alumni, faculty and guests at Montgomery County Community College on the topic of estate planning. The title of Adam’s presentation was “Everything You Ever Wanted to Know about Estate Planning (But Were Afraid to Ask).”
• “American Taxpayer Relief Act of 2012.” Client Alert. January, 2013.
• “Tax Tips for Substantiating Charitable Gifts.” Client Alert. November, 2012.
• “What’s the Difference Between Probate and Non-Probate Property?” Client Alert. October, 2012.
• “Tax Tips for Recently Married Taxpayers.” Client Alert. September, 2012.
• “Tax Tips When Selling Your Home.” Client Alert. August, 2012.
• “Gifting Before the End of 2012.” Client Alert. June, 2012.
• “What About Your Digital Assets?” Client Alert. June, 2012.
• On April 25, 2012, Adam Fernandez and other attorneys in the firm’s estate planning and business/corporate/tax practice groups, presented a lunch and learn seminar to wealth management experts at Boenning & Scattergood’s West Conshohocken offices. Boenning & Scattergood is one of the area’s leading independent full-service securities, asset management and investment banking firms. Their talk covered important “best practices” for financial planners assisting clients with estate planning issues, including the importance of beneficiary designations in the estate planning context. The feedback received from the standing-room-only attendees was very positive.
• “Pennsylvania Income Tax Deduction for 529 Plan Contributions.” Client Alert. March, 2012.
• On February 20, 2012, spoke to The Mother’s Club of Upper Merion on the topic of “Estate Planning Basics,” which included a review of basic estate planning documents and the current status of the Federal estate and gift tax regimes.
• On January 14, 2012, spoke to the Men’s Breakfast Group at Reformation Lutheran Church on the topic of estate and retirement planning, which included a review of basic retirement and estate planning matters and the current status of the Federal estate and gift tax regimes and the Pennsylvania inheritance tax.
• On November 13, 2011, presented “Managing My Gold for My Golden Years” as part of the Making Money Matter Financial Festival at Reformation Lutheran Church, which included a review of basic retirement and estate planning matters and the current status of the Federal estate and gift tax regimes and the Pennsylvania inheritance tax.
• “Gifting Under the Tax Relief Act of 2010.” Client Alert. October, 2011.
• “Tax Relief Act of 2010.” Client Alert. February 2011.
• “IRA Conversions in 2010.” Client Alert. October, 2010.
• “Gift Tax Planning for 2010.” Client Alert. September 2010.
• “Estate Tax Repeal and Reinstatement.” Client Alert. July, 2010.
• “Let it Be: A Comparative Study of the Content Regulation of Recorded Music in the United States and the United Kingdom.” Penn State International Law Review, Vol. 21, No. 1. Fall 2002.