John Moss Hinchliff2017-08-07T18:15:11+00:00

John Moss Hinchcliff is an Attorney Of Counsel in Miller Mayer’s Trusts and Estates practice group.

Mr. Hinchcliff focuses on trusts and estates law, including estate and tax planning for foreign citizens, non-traditional and second families, persons with disabilities, and other complex planning issues. He assists business owners, professors, and other successful individuals and their families in developing plans to manage their wealth and oversee its eventual transfer to spouses, children, charities, and others. Mr. Hinchcliff also represents executors and trustees in connection with estate administration, including complex post-mortem tax and financial planning issues, estate tax returns and audits, and probate and trust proceedings, including Surrogates’ Court litigation such as will contests and contested accountings. Prior to his current focus on trust and estates matter, he handled business litigation cases, including contract, real property, and intellectual property disputes. He has been with the firm since 1987, having started his career with Milbank, Tweed in New York City.

Mr. Hinchcliff is a member of the New York State bar and the U.S. Supreme Court. He received his J.D. from New York University School of Law and his B.A. from Hamilton College.

AREAS OF FOCUS

Trusts and Estates

More than simply drafting wills, successful estate planning is built on strong, long-term relationships. A comprehensive plan takes a broad look at all of your assets and how you prefer to distribute them. We work with individuals and couples, developing plans tailored to your particular assets and needs. From simple estates to complex financial tax and family considerations, we work with clients at all levels.
Estate Planning services include solutions for:

Non-citizens
Spouses in second marriages
Same-sex couples
Non-traditional families

We advise on various types of trusts, both revocable and irrevocable, including:

Credit shelters
QTIP and QDOT trusts
Charitable trusts
Supplemental needs or special needs trusts
Crummey trusts
Qualified personal residence trusts (QPRTs)
Irrevocable life insurance trusts
Generation skipping trusts

We also provide guidance on retirement benefits, including:

The tax consequences of distributions
Determining payout periods
Specialized beneficiary designations
Trusts to manage retirement distributions
Tax benefits and consequences of naming tax-exempt organizations as beneficiaries

We understand how painful the death of a loved one can be. With that in mind, our role is to work with executors and beneficiaries to navigate the process of estate administration with grace and efficiency and meet probate requirements and deadlines. We assist our clients in making informed decisions during this difficult time.

We represent individual and corporate executors, administrators, and trustees, and counsel them on their responsibilities in estate administration. In the rare event of a contested will or disputed accounting, we can assist clients with Surrogate’s Court litigation, including trials and appeals. When disputes arise, we assist clients to negotiate creative solutions, avoiding litigation when possible or resolving conflicts before family relationships are destroyed. Ultimately, our goal is your goal: to ensure your estate plan is carried out, assets are distributed to intended beneficiaries in accordance with the law, and the last wishes of a decedent are honored.

Although estate administration involves much more than just filing probate papers, our experienced legal assistants work promptly and cost-effectively through this process. Depending on the nature of the estate, there can be important decisions to make about estate taxes and disclaimers, or when and how to transfer assets. These decisions can result in substantial tax savings.

Civil Litigation

With our comprehensive knowledge of the technicalities of New York contract law and our broad experience in a wide range of substantive law areas, we have the focus and know-how you need when others fail to meet their contractual obligations.
Our experience in contract disputes includes:

Joint Ventures
Leases
Intellectual Property Assignment and Licensing Agreements
Distribution Agreements
Sale of Goods
Commercial Paper
Purchase and Sale Agreements
Shareholder Agreements

When litigation threatens your business, choosing a lawyer with a thorough and sophisticated understanding of all aspects of business law is vital. The highly experienced attorneys at Miller Mayer, LLP can help.  We will draw on our extensive knowledge of business law – bringing team members when beneficial – to help you reach excellent and effective results. We will help you troubleshoot your business practices to avoid disputes, and when necessary, we will fight aggressively for your rights.
We can help you resolve disputes including:

Partnership / Shareholder disputes
Business Dissolution
Intellectual Property Disputes
Breach of Fiduciary Duty
Diversion of Assets
Corporate Control Disputes
Collections
Employment / Non-compete Agreements
Insurance Coverage

From commercial real estate to residential properties and construction disputes, the attorneys at Miller Mayer, LLP bring local litigation expertise and local real estate experience to bear to help you achieve excellent and cost effective results.

Trust and Estate litigation requires expertise in two areas:  trusts and litigation.  At Miller Mayer, LLP we draw on our depth of knowledge in these areas to assemble a strong and efficient team that is able to handle your case and achieve excellent and cost-effective results.
We represent executor, beneficiaries and fiduciaries in:

Will Challenges
Probate and Estate Litigation
Breach of Fiduciary Duty Claims
Trust Disputes
Undue Influence, Fraud and Unconscionability Claims
Conservatorships
Accountings