Whether you need a simple estate plan for distribution of your assets to beneficiaries, or more complex planning to preserve wealth and minimize estate taxes, we'll ensure your needs are well met – with advice that is right on the money.For many years we have advised clients and their families on wealth preservation strategies designed to achieve their particular life goals. We also assist with business succession strategies to preserve value of family businesses and pass the business or its value on to future generations. We also have the expertise to know when and how to capitalize on estate and income tax laws to reduce tax costs.
Collaborating as a team, we work closely with our clients, their accountants, financial planners and other advisors. As they have found, our depth and breadth of experience adds up and can pay dividends for generations.
Our areas of expertise include:
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Business succession planning
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Charitable remainder trusts
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Claims and litigation
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Establishing charitable organizations
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Estate analysis and planning
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Family limited liability companies
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Financial and business planning
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Insurance funded wealth replacement trusts
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Planning for charitable giving
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Revocable trusts
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Tax minimization strategies
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Wealth preservation and planning
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Wills and probate
Cases associated with this practice area
Avoiding Probate and Preparing for IncapacityAvoiding Probate and Preparing for IncapacityWe assisted a client with the formation of a trust to avoid probate and help her plan for any future incapacity. In the event she becomes incapacitated, the successor trustee she selected will manage her finances and distribute funds for her benefit so she can maintain her standard of living. The trust will also avoid the probate of her assets upon her death. The trustee will distribute our client's assets to her beneficiaries without having to go through the probate process.
Caring for Young ChildrenCaring for Young ChildrenWe often work with young families. In one case, we helped a husband and wife who have three young children and no living relatives. Naturally, they were concerned about who would take care of their children if something unfortunate were to happen to them. We helped our clients understand the issues involved and worked with them to draft wills allowing them to nominate individuals to serve as guardians for their children. The wills also contain trusts for the children to assist the guardian in supporting them and providing for their education.
Estate Tax SavingsEstate Tax SavingsA husband and wife requested our assistance in structuring their estate plan. Based on reports they had heard in the news, they mistakenly assumed their estates would not be subject to any estate taxes. After reviewing their assets, we discovered that without any tax planning their estate would owe more than $430,000 of estate taxes on the surviving spouse's death. We worked with the clients to establish a joint revocable trust with tax planning provisions. As their estate plan is now structured, with current estate size and tax laws there will be no estate tax due on the first spouse's death – and little, if any, estate tax due on the death of the second spouse.
| (more) | Protecting Family Real Estate Interests Protecting Family Real Estate Interests
The Oregon Court of Appeals recently affirmed summary judgment in favor of Sussman Shank clients who own a controlling interest in a large Willamette Valley farm. As part of a long-running family dispute, a partial owner of the property sought the partition and sale of the farm property. We succeeded in obtaining a dismissal of the claim on the basis that the trust document did not give the trustee authority to seek partition and sale of the farm, and that his effort to do so was a breach of his fiduciary duty as trustee. We also succeeded in defending against a minority interest holder's attempts to dissolve the family corporation, to force the sale of stock in the family corporation, and to gain control of the corporation through manipulative voting arrangements and leases.
Representation of an Elderly Widow Representation of an Elderly Widow
When an elderly widow was no longer able to handle her affairs, we were asked to assist. We were originally contacted by our client's son, who due to his own disability, could not adequately assist his mother in caring for her affairs. We located a professional fiduciary and prepared the necessary pleadings and documents to have the fiduciary named as trustee and conservator. Shortly after our representation began, our client suffered a serious head injury. We reacted immediately to arrange for an emergency temporary guardian so health care decisions could be made and our client could receive the treatment necessary for recovery.
Smoothing the Troubled Estate Smoothing the Troubled Estate
A client and her sister were appointed as co-personal representatives of their father's estate. Because our client lives in California, the sister was responsible for administering the assets located in the Pacific Northwest. When the sister failed to fulfill her duties, we intervened and pursued our client's interests in court. We obtained orders that appointed a new personal representative, awarded our client her requested personal representative's fee, and required the sister to pay a substantial portion of our client's attorney fees. We also obtained orders that were necessary to move the estate toward final distribution and closing.
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Attorneys practicing in this area
Hanna, Harry M. -
Special Counsel
Honn, Darin D. -
Partner
Kmetz, Heather A. -
Partner
Levelle, Michael D. -
Special Counsel
Tarr, Jeffrey S. -
Partner
Thomsen, LL.M., Dallas G. -
Attorney
Paralegals supporting this practice area
Dolan, Michelle L. -
Paralegal
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as specific legal advice by Sussman Shank LLP or its attorneys. If you have specific legal questions consult
with your own lawyer or call to make an appointment. |
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