Our attorneys have many years of experience in designing and implementing a comprehensive variety of wills, trusts and other estate planning documents, using strategies appropriate to each situation -- from the basic to the most complex. We advise clients of the options available to them in the planning process, and make recommendations based on each client's needs. In addition to addressing the complex tax and asset protection issues, we also assist our clients with the important practical and emotional aspects of the estate planning process.

While every individual, regardless of the value of his or her assets needs certain basic estate planning documents, such as a Will providing for “Independent Administration,” and Powers of Attorney, both for property management in the event of disability or old age and for health care matters, The needs and opportunities for planning go far beyond the basics. Coordination of insurance and employee benefits, education funding for children and grandchildren, and the shifting of value from one generation to the other with little or no current or future transfer tax (estate and gift tax) are often the most important, and most overlooked, aspects of estate planning.

When appropriate, the Firm is particularly well suited to advise its clients upon the intricate nature of estate and gift taxation, asset protection planning (whether from future creditors or unfortunate marriages), and asset management protection (for the time when we are no longer able to manage our assets without assistance).

Business Succession

We work with many owners of privately-held businesses. For these clients, the estate planning process focuses on maximizing economic and intrinsic value for all generations.

Services may include:
» Development of tax-efficient strategies for ownership transfer;
» Advice regarding the sale or retention of the business;
» Strategies to minimize the impact of a transition on the business; and
» Planning to ensure harmonious long-term family relationships.

As a result, our clients can be assured that their business, which frequently represents their life's work and wealth, will be transferred in a sensible, tax-efficient and equitable manner.

Probate & Trust Litigation

While one of our primary goals is avoiding testamentary problems for our clients and their families, we deal effectively with problems when they do arise. Our lawyers represent fiduciaries, personal representatives, beneficiaries and interested third parties in litigation involving probate and trust matters, such as will contests, trust accountings, estate tax litigation, and other fiduciary litigation. When it becomes necessary to call on the assistance of the courts to solve probate and trust problems, we will work to use judicial resources effectively and efficiently. We also provide assistance to trustees who seek court approval of their actions, or the interpretation and enforcement of trust provisions. We understand these issues involve more than money; that they evoke emotions and frequently divide families. For these reasons, we work to find creative solutions that may avoid protracted litigation and preserve family relationships. When necessary, however, we will protect and vigorously advance our clients' interests in probate and trust adversarial proceedings.

Contested issues may include:
» the validity of wills; applications to vary wills or trusts;
» estate claims; breach of trust actions;
» undue influence claims;
» interpretation of wills;
» appointment or removal of trustees;
» representation of trustees and executors;
» trustees' and executors' accounts;
» protection of beneficiaries' rights; family disputes; and
» power of attorney contests.

Estate Administration

Estate Administration is the legal process by which a person's debts are paid and assets distributed upon death. Estate administration includes the probate process as well the administration of trusts and other non-probate transfers to ensure the estate is distributed appropriately.

Services may include:
» Probate of wills, collection of decedent's assets, payment of debts, calculation and payment of estate taxes, trust funding and asset distribution;
» Advice to minimize estate and income taxes for the estate and its beneficiaries;
» Advice regarding timing and structure of sale or disposition of estate assets, to include business interests; and
» Preparation of Federal and State “Estate Tax” returns, which are required for all estates of over 2 million dollars (including life insurance).