Trusts and Estates Representative
Transactions
A representative sample of projects
we have handled is provided below. This information is
necessarily brief and generalized to protect the privacy of
our clients.
- Creation
of family business entities to manage and control
family wealth, enable transfer of economic value
to lower generations without fractionalizing
ownership and control and afford potential valuation
discounts for lack of control and marketability.
- Charitable
transactions to maximize estate and income tax
benefits on transfer of appreciated property.
- Combination
of buy sell agreements, stock transfers, stock
option agreements and secured promissory notes
to effectuate transfer of closely held businesses
among three generations.
- Pre-IPO
estate plan design and implementation.
- Comprehensive
estate plans for unmarried opposite sex and
same-sex partners.
- Design
and implementation of comprehensive plans for
couples with children from prior marriages.
- Planning
for couples where one spouse is not a U.S. citizen.
-
Trust design for beneficiaries with chemical
dependency problems and other behavioral issues.
- Estate
plans for highly compensated executives.
- Post-death
disclaimer planning to minimize overall effective
tax rates, maximize credit for previously taxed
property, and maximize family's overall estate
tax savings.
- Strategic
post-mortem planning to minimize transfer tax
costs.
- Analysis
of residential, vineyard, and commercial property
transfers to prevent merger and preserve availability
of appropriate valuation discounts.
- Analysis
of family business regarding possible sale and
reinvestment of business assets, installment
payments of estate tax and gift giving program.
- Use
of family limited partnerships as gifting mechanisms
to transfer closely held corporate interests
to two generations and accomplish a business
succession plan.
- Transfer
of large commercial real estate business to
younger generation by creation of family business
entities and grantor retained annuity trusts
while minimizing property tax reassessment.
- Sale
to Irrevocable Grantor Trust to transfer appreciation
to children, grandchildren and more remote descendants
without generation-skipping transfer tax.
- Representation
of Beneficiary in action against Step-Parent/Trustee
regarding construction of trust, characterization
of property and trust expenditures.
- Representation
of Surviving Spouse in action to construe trust
documents, review Trustee's distribution of
Deceased Spouse's separate property and to trace
character of assets.
- Representation
of Trustee in action against Trustee regarding
trust investments.
- Transfer
fractional interest in large family home to
next generation by a qualified personal residence
trust; preserve parent's ability to live in
home by means of tenants in common agreement.
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