Miguel D. Pena assists clients with the following:
Avoiding probate and related expenses, delays and loss of privacy
Minimizing potential for legal conflict and respect your last wishes
Providing Advice and Opinion Regarding Delaware Trusts, Delaware Trust Law and Fiduciary Obligations
Accomplishing philanthropic giving and charitable goals
Transfering situs of trusts to Delaware
Modifying trusts to take advantage of Delaware’s unique trust laws
Estate Planning & Business Succession
Estate Administration
Trust Planning
It is a new world for estate planning.
The Tax Cuts and Jobs Act of 2017 brings new opportunities for estate planning. Leaving an old estate plan alone may be a significant mistake.
Clients Served:
Individuals & families
High net-worth clients
Banks
Trust companies
Non-Delaware Attorneys
Individuals:
Miguel advises individual clients across a broad spectrum of estate and trust planning matters, ranging from basic planning structures such as Wills, Trusts, Durable Powers of Attorney and Health Care Directives; to more complex planning techniques such as the use of directed trusts, charitable trusts, dynasty trusts, Delaware asset protection trusts and trusts created by or for the benefit of non-U.S. Citizens and non-U.S. Citizen spouses
Miguel also assists individuals in estate administration and probate matters and matters relating to the guardianship of minors and incapacitated persons.
Individual and Corporate Fiduciaries and Out-of-State Counsel:
Miguel drafts and reviews Delaware trust agreements and provides legal opinions regarding the validity of trusts under Delaware law. Miguel also advises individual and corporate fiduciaries regarding their responsibilities as fiduciaries under Delaware law and the construction and administration of trusts under Delaware law.
Miguel also assists individuals, banks, trust companies and their counsel (whether in Delaware or out-of-state) with the formation, migration and modification of trusts to take advantage of Delaware’s unique trust laws; including the modification of existing trusts to transfer situs, appoint directed trustees and nominate advisers and trust protectors.
Meet Miguel D. Pena, Esq.
Miguel is a lifelong resident of Wilmington, Delaware and has been practicing in the areas of estate planning and trust law for over twenty years. Prior to forming his own firm, he was a partner in the Wilmington, Delaware office of a large national law firm and a director in a Delaware boutique trust and estate law firm. Miguel is a prior Chair of the Estates and Trusts Section of the Delaware State Bar Association.
Miguel helps clients create customized estate plans designed to accomplish the clients’ planning goals and to help avoid potential family conflicts. Miguel also assists fiduciaries and out-of-state counsel in drafting, reviewing and modifying Delaware trust agreements.
Miguel D. Pena, Esq
““Miguel is an able practitioner and a consummate professional. His analytical abilities are impressive, as are his skills in drafting and in communicating. He is an effective advocate, and conducts himself in a forthright manner.””
➤ Education
J.D., LL.M. Taxation, Villanova University School of Law, Villanova, PA.
B.A. Franklin & Marshall College, Lancaster, PA.
➤ Professional Affiliations
American Bar Association
Delaware State Bar Association (former Chair of the Estates and Trusts Section)
Pennsylvania Bar Association
The Florida Bar
Philadelphia Estate Planning Council
➤ Published Works & Engagements
Author, “Delaware Qualified Dispositions in Trust Act”, Bogert’s The Law of Trusts and Trustees (2017)
Co-Author, “Estate Planning After The Tax Cuts and Jobs Act of 2017”, Philadelphia Estate Planning Council (2019)
Provided Expert testimony in estate and trust litigation matters before the Delaware Court of Chancery
★ Highly rated by peers ★
Miguel has received a rating of AV Preeminent® by Martindale-Hubbell®. AV Preeminent® is a Certification Mark used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings TM fall into two categories – legal ability and general ethical standards.