The Legacy of Contaminated Property: The Intersection of Environmental and Estate Law
Estate attorneys master the many intricacies of tax and trust planning, estate management, settling debts and/or evaluating the rights of beneficiaries and creditors, and distributing assets. However, when an estate includes contaminated property (or even potentially contaminated property), different and additional expertise is required. In these cases, Davis Environmental Law can provide the requisite knowledge and skill to assist estate attorneys with the legal and technical issues associated with contamination that may arise.
Where Environmental and Estate Law Meet
As environmental attorneys, we often encounter the unique challenges and legal issues that arise at the intersection of estate and environmental law, whether it be from the standpoint of a planner that owns a contaminated property, the estate, or a beneficiary that has inherited a contaminated property from their loved ones.
Commonly overlooked in the estate planning process, environmental liabilities, such as those associated with contamination, can have broad implications on the value of an estate as well as the legal rights and obligations of beneficiaries. Without consideration of the legal nuances associated with an individual’s or their estate’s liability for contamination, and careful planning to resolve that liability or protect others from inheriting that liability, beneficiaries could be faced with the burdens associated with investigating and remediating the contamination, with little to no resources from their loved one’s estate to help pay for the associated costs. Understanding the unique environmental legal issues arising from contamination is essential for effectively planning and preserving an individual’s assets and estate while also safeguarding the interests of beneficiaries.
At Davis Environmental Law, we understand that navigating both the legal and technical complexities related to environmental contamination in conjunction with the traditional requirements of estate planning can be daunting, especially for estate attorneys that are not experienced in environmental legal matters and the strict liability for contamination that may outlive an individual responsible for that contamination under state and federal law. We are here to help.
Work with Experienced Environmental Attorneys
We are experienced in dealing with environmental matters arising at all stages of the estate process, including assessing the potential liability of an individual planner, their estate and their beneficiaries; developing strategies to protect beneficiaries from liability and maximizing the value of an individual’s estate notwithstanding potential environmental liabilities; advising beneficiaries as to their rights and obligations with respect to contamination that may have been inherited; counseling the estate and/or beneficiaries through the investigation and remediation process and procuring funding for the associated costs such as through pursuit of historic insurance policies or other environmental cost recovery efforts.
Over the next several months, we’ll be publishing additional blogs to explore the interactions between environmental and estate law. Whether you’re working with a current owner or a beneficiary of contaminated property, we hope that this blog series will help you navigate this complex landscape.
Need support now? Davis Environmental Law can provide necessary expertise and support on the complex environmental issues that can arise in the estate context. Contact us to discuss your environmental and estate law questions today.