Estate Planning & Probate

Death is inevitability for all of us. Disability is a possibility for many of us. Taxes affect almost everything we do. We help our clients plan for all of these. In estate planning, we focus on counseling and avoiding problems. In probate and trust administration, we concentrate on solving problems creatively and carrying out our clients’ lifetime planning.

Estate Planning

During the estate planning process we identify the client’s goals, analyze the client’s personal and financial situation, explain options, and implement a course of action by drafting appropriate documents and/or re-titling assets.

Every plan is different, but in planning for death common goals often emerge.

For example, we help clients:

• Protect minor children by designating guardians and managing assets through
  custodianships or trusts.
• Preserve governmental benefits for elderly or disabled persons by using
  discretionary trusts and maximizing exemptions.
• Coordinate life insurance and retirement plans with their total estate plan.
• Accomplish charitable goals in the most tax advantageous way without
  jeopardizing family goals.
• Minimize, defer, or eliminate death, gift and income taxes.
• Plan for the orderly transition of a family business.
• Avoid probate by properly titling assets and/or using living trusts.

Planning for disability can also be an important part of the estate planning process. Again, situations can greatly vary, but common goals include helping clients to:

• Avoid a formal probate court guardianship or conservatorship proceeding
  in the event of disability by using durable powers of attorney and/or living trusts.
• Address concerns about medical treatment decisions in the event of incapacity with durable designations of patient advocate and/or living wills.
• Preserve governmental benefits through appropriate Medicaid planning.
  

Probate Administration

For example, we:

• Administer decedents’ estates of all sizes and types.
• Handle will contests, claims against estates, and probate disputes.
• Represent the fiduciary, the incapacitated adult or the concerned family member in guardianships and conservatorships.
• Obtain protective orders from the probate court to address specific problems
  involving minors or incapacitated adults.
  

Tax Planning

Tax planning cuts across many areas of estate planning and probate administration. We advise clients about the estate, gift and income tax ramifications of their estate planning and probate administration alternatives. The tax laws change frequently in ways that affect estate planning. Therefore, we monitor legislative and administrative developments. We also work with our clients’ certified public accountant who will assist in preparation of tax returns, including federal estate and gift tax returns, state death tax computations, federal and state fiduciary income tax returns, and federal, state and local individual income tax returns.