Shirley B. Whitenack co-chairs the Elder & Special Needs Law and Estate and Trust Litigation Practice Groups.  She focuses her practice on elder law, special needs planning and advocacy, probate, estate and trust litigation and estate planning.  Ms. Whitenack is also a member of Schenck, Price, Smith & King's Management Committee.

Ms. Whitenack is nationally recognized in her areas of concentration.  She currently serves as Vice President of the National Academy of Elder Law Attorneys (NAELA) and is a NAELA Fellow.

In Fall 2011, Ms. Whitenack received the Ann Klein Advocate Award from Community Health Law Project, a not-for-profit legal services corporation serving the indigent, those with disabilities, and the frail elderly.  She was also recognized by the Senate and General Assembly of the State of New Jersey in a Joint Resolution for service to those with special needs.

Ms. Whitenack is listed on the Superior Court of New Jersey’s Civil Roster of Mediators and serves as a court-appointed and private mediator in probate and guardianship matters.  She also often serves as a court-appointed attorney and guardian ad litem in such matters.

Areas of Concentration

Guardianships; will contests, will and trust reformations, including special needs trusts; accountings for trusts, estates, guardianships, conservatorships and under powers of attorney; disputes involving trusts, powers of attorney, living wills and health care representatives; disputes among co-fiduciaries, breach of fiduciary duty claims, insolvent estates, elective share; disinherited spouse and omitted spouse; court approval of special needs trusts; uncontested, contested and interstate guardianship matters; elder and special needs planning and advocacy; mediation in probate and commercial litigation matters; Medicaid planning; fair hearings and appeals; planning for incapacity including asset protection and availability of government benefits, including Medicare, Supplemental Security Income (SSI), Social Security Disability (SSD); pooled trusts; settlement planning and consulting.

Representative Matters

• Successfully represents corporate and individual fiduciaries in litigation
• Represents financial institutions serving as executors, trustees, guardians, and individuals
• Represents litigants in interstate contested and uncontested guardianship matters
• Represents seniors and their families in planning for incapacity
• Represents and provides advocacy for individuals with special needs and their families
• Assists personal injury attorneys in structuring settlements and awards for their clients who have special needs and establishing special needs trusts

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