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Practice Area Overview
How Can a Trusts and Estates Attorney Help You?
Trust and estate attorneys help clients plan for the efficient and effective transfer of assets to spouses, to younger generation family members, to other persons clients wish to benefit, and to charities. The practice involves the preparation of trust agreements, wills, powers of attorney, medical directives, and closely held business structures, including partnerships, limited liability companies, and corporations.
What are the Trusts and Estates Practices Focal Points?
Wealth Planning
When attorneys begin the planning process, they consider your objectives, your family relationships, charitable inclinations, and the relationship of federal and state estate tax, gift tax, and generation skipping transfer tax laws to these objectives. Attorneys then work with you and, in some cases, with other advisers to design the appropriate plan to meet your goals and objectives, prepare the necessary documents to carry out the desired plan, and assist with the implementation of your plan. In connection with family wealth planning, attorneys plan and draft trust agreements and wills, create various business entities, and carry out business reorganizations.
Estate Administration
Trust and estate attorneys also handle the administration of estates. Attorneys confer with members of a decedent’s family on the various issues, including:
• Assistance to the executor with the preparation of the required probate documents and assist in valuation of estate assets
• Making insurance claims
• Preparation of final income tax returns and the estate’s income and federal and state estate tax returns
• Monitoring of the investment of the estate’s assets
• Arranging for the distribution of the estate’s net assets
• Throughout the administration of an estate, consideration is given to income tax savings through the timing of distributions and the timing and claiming of appropriate deductions.
Trust Administration
In the trust administration area, attorneys advise and consult with corporate and individual trustees concerning the discharge of the trust’s terms and consult with beneficiaries concerning trust administration matters including the preparation of trust accounts.
Trust and Estate attorneys also assist clients in all phases of probate and trust litigation. This may involve construing or reforming the terms of a will or trust, prosecuting or defending a will contest action or surcharge actions against trustees.
What is a Trusts and Estates attorneys goal for its clients?
The goal of an trust and estate attorney is to assist clients to achieve their personal goals while obtaining the significant tax savings which may be available to them through proper planning. Attorneys in the practice spend a significant amount of time dealing with the federal estate, gift, and generation skipping tax issues involved in transfer planning.
Family Law Legal Guide 2024
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Alex is a partner at Young Moore and focuses his practice on business law, commercial real estate, and wealth preservation. Alex represents clients in a variety of transactional matters including entity selection and formation, mergers and acquisitions, reorganizations, shareholder agreements, employment agreements, corporate governance, finance, succession planning and other commercial contracts. Alex also represents business owners in connection with their commercial needs, including real e...
Aaron Bennett has a broad-based practice serving individuals, families, and business owners. He also represents corporate and individual fiduciaries in trust and estate administration matters. He especially focuses on estate and wealth transfer planning, estate and trust administration, and closely held business planning. Aaron enjoys working with families to develop solutions to the multifaceted issues that arise in helping them achieve their goals and objectives in a tax efficient manner, w...
Stephen Brown focuses his practice on business formation and structuring, wealth transfer planning, and litigation involving fiduciaries, trusts, estates and guardianships. He is a Board Certified Specialist in Estate Planning and Probate Law. Stephen regularly advises individuals on a range of estate planning strategies, including the use of simple and complex trust arrangements to achieve their personal and charitable objectives in a tax advantaged manner. He also has extensive experience a...
Mr. Carpenter's primary practice areas include tax, estate planning and probate law, IRS tax controversy, asset protection planning, business mergers and acquisitions, and commercial real estate law. He is a NC Board Certified Specialist in Estate Planning and Probate Law. Mr. Carpenter specializes in estate planning, estate administration, representing clients before the IRS, asset protection planning, and sophisticated real-estate tax-deferral strategies, including capital gain maximization...
Virginia practices in the area of estate planning and estate administration. She assists in the preparation of all components of estate plans, wills, revocable trusts, durable powers of attorney, health care powers of attorney, and living wills. She also advises individuals, families, and closely-held business owners on estate and business succession planning issues, gift planning to reduce potential estate taxes, and the preparation of gift tax returns, as well as the administration of deced...
Thomas Cooper’s practice is focused on tax planning, trust and estate planning and administration, business succession, and transactional and business matters that arise in connection with the acquisition, ownership, and operation of closely held businesses. Thomas supports clients’ existing and prospective business interests, including representing family offices and independent sponsors in their acquisitions of closely held businesses and other investments, advising on capital s...
With his deep knowledge and breadth of experience in law and taxation, Mr. William R. Culp, Jr. helps clients structure their business affairs to maximize their wealth. Mr. Culp represents a wide variety of clients, from entrepreneurs and private investors to large corporate clients. Clients look to him for guidance in structuring complex business arrangements and transactions, and for solutions to the most challenging business problems. Mr. Culp's practice includes real estate and partnershi...
Janice L. Davies is the Founder of Davies Law PLLC in Charlotte, North Carolina. Ms. Davies’ practice areas include tax, wealth transfer and business succession planning for individuals and closely held businesses and probate and administration of estates and trusts. She received her B.S. degree from Pfeiffer University; her J.D. degree, law review , from Campbell University, Norman Adrian Wiggins School of Law; and her LL.M. degree in Estate Planning from the University of Miami School...
Areas of Practice: Business Law & Taxation , Mergers & Acquisitions , Wills, Trusts, Estate Planning & Estate Administration Mr. Diab has substantial experience as lead counsel in structuring, negotiating and closing of mergers and acquisitions, representing both buyers and sellers in taxable and tax-free acquisitions, divestitures, strategic alliances, and investments by venture capital and private equity firms since 1990. He has represented closely-held business owners in busine...
Shirley M. Diefenbach is a partner/member of the law firm of Walker, Lambe, PLLC, where she primarily practices in the areas of Estate Planning, Elder Law and Trust & Estate Administration. Ms. Diefenbach is also the managing partner of the Trust & Estate Administration department within the law firm. For over forty years, Walker Lambe, PLLC has served its clients, in the areas of Estate planning, Trust Administration, Probate, Taxation, Estate and Trust Disputes, Planning for childre...
Curtis Elliott has practiced tax law for more than 25 years. He helps entrepreneurs and family business owners address their tax, estate planning, trusts and estates and business succession planning goals. Mr. Elliott has deep experience helping business owners develop estate planning structures for their family businesses. His clients range from closely held companies to large industrial enterprises owned and actively managed by multiple family generations. His work involves the use of share...
Mike Godwin’s practice is concentrated in the areas of wealth and transfer tax planning, fiduciary advice, trust and estate disputes and working with owners of closely-held businesses and their families on succession planning matters. In helping clients pass family wealth to their chosen beneficiaries in the most tax-efficient manner, Mr. Godwin's focus is to find practical solutions that are appropriate for the family in question. He strives to take into account non-tax factors such as...
She concentrates her practice in the areas of estate planning and administration and wealth transfer. She assists individuals with the preparation, revision and updating of estate planning documents including wills, revocable living trusts, irrevocable life insurance trusts (ILITs), charitable trusts (CRATs, CRUTs, CLTs), spousal lifetime access trusts (SLATS), dynasty trusts, trusts for children, grantor retained income trusts (GRATs), qualified personal residence trusts (QPRTs), premarital ...
Deborah L. Hildebran-Bachofen has been practicing with Manning Fulton since 1988. Debbie has a broad range of experience with closely-held corporations, including corporate mergers, acquisition and structuring issues, planning and tax accounting issues, private debt placement, and tax planning. Debbie becomes an important part of the company’s outside management team, advising business owners on day-to-day operations, drafting and negotiating contracts, and advising on financial matters...
A technically skilled, North Carolina State Bar certified specialist in estate planning and probate law and a frequent speaker on tax and estate planning topics, Mark Horn takes a comprehensive, proactive approach to his high net worth clients’ estate and tax planning situations, making recommendations in plain English and implementing the desired planning efficiently and responsively. Also serving many closely-held businesses, Mark often acts as the trusted adviser to multiple generati...
Chris Jones is a nationally recognized specialist in the areas of estate planning and business succession planning. Chris heads the firm’s Wealth & Estate Planning group and has substantial experience advising and counseling clients regarding sophisticated estate planning, business succession, asset protection, charitable planning, life insurance matters, and international estate planning. Understanding that each client has specific, unique objectives, Chris and his team provide cre...
Matt Kain is a trusted advisor to families seeking advice on complex estate planning, trust and estate administration, and charitable planning matters. Matt also leads the firm’s efforts representing nonprofit organizations with respect to formation, tax compliance, and governance. As a North Carolina Board Certified Specialist in Estate Planning and Probate Law, Matt has substantial experience helping high-net-worth families and closely-held business owners achieve their estate, tax, b...
Amy Kincaid is an experienced trusts and estates attorney who focuses on tax planning and asset protection planning. Amy structures and implements comprehensive estate plans to achieve each client’s objectives with regard to the client’s family and business, while maximizing creditor protection and minimizing or eliminating income, estate, gift and generation-skipping transfer taxes. She counsels clients on a wide variety of estate planning and tax issues, including simple and com...
Jennifer Koenig is a member of the firm’s trusts and estates practice group. She counsels clients on issues ranging from simple wills and powers of attorney to very complex estate planning and wealth preservation techniques, including GRATs (grantor retained annuity trusts), limited liability companies (LLCs), complex charitable planning, and succession planning for family-owned businesses. She helps families create supplemental needs trusts for family members with disabilities. With th...
Zac is certified by the North Carolina State Bar as a Board Certified Specialist in Estate Planning and Probate Law. He counsels individuals on their estate plans and helps them put in place the legal documents to achieve those plans (such as Last Wills, Trust Agreements, Durable Powers of Attorney, Health Care Powers of Attorney and HIPAA Authorizations). Zac also advises fiduciaries, such as estate Executors and Trustees, on administration matters. Zac's practice also involves assisting clo...
Paul Livingston divides his time between advising nonprofits (public charities and private foundations) and estate planning. In his work with nonprofits Mr. Livingston serves as counsel to a number of large, public charities advising them on tax and governance matters. He also assists families in the formation and qualification of private foundations, and advises private foundations, both grant-making and operating, on tax and governance matters. Mr. Livingston has a special interest in succe...
Chad McCullen concentrates his practice in the areas of estate planning and administration, asset protection, business law, and commercial real estate matters. He is a Board Certified Specialist in Estate Planning and Probate Law. In his estate practice, Chad advises clients on planning strategies and prepares a wide variety of documents ranging from basic wills to complex trusts to achieve each client’s individual planning goals in the most tax efficient manner. Chad also represents fi...
Bill McNairy advises businesses on structuring private equity transactions, mergers and acquisitions, public offerings, and going private transactions. Bill is a CPA who uses his accounting experience to counsel family-owned businesses on issues related to tax law, trusts and estates, and tax saving strategies. Bill has an active private equity practice. He regularly assists funds with their portfolio company investments, acquisitions and fund formation matters. Bill has worked with a wide va...
Greg is certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). He also is certified by the North Carolina State Bar both as a Board Certified Specialist in Estate Planning and Probate Law and as a Board Certified Specialist in Elder Law. Greg has been rated by his peers as being "preeminent" in his fields of law. He frequently lectures to civic and community groups and at continuing legal education seminars on various topics relating to estate planning and ad...
John leads the firm's Trusts and Estates practice. He is certified by the North Carolina State Bar as a Board Certified Specialist in Estate Planning and Probate Law. John's practice experience encompasses estate planning, estate administration, estate and gift tax planning, and related services primarily, though not exclusively, to high net worth individuals and families. His practice also involves business succession planning for closely-held business owners, asset protection, and estate pl...
Working with a select group of entrepreneurs, family businesses, and nonprofits, Adam Tarleton provides counsel on tax, estate planning, and business matters to help clients protect and preserve their wealth and achieve their personal and financial goals. He is certified as a specialist in Estate Planning and Probate Law by the North Carolina Board of Legal Specialization. Adam works with high net worth individuals to design and execute estate plans that minimize the tax and other costs of tr...
Brad Van Hoy brings more than 20 years of experience in advising high-net worth individuals, closely-held business owners, executives, and family offices with their estate, tax, business, and philanthropic planning needs. Brad builds long-term relationships with his clients, guiding them through their unique opportunities and challenges, and helping them to realize, protect, and leave a legacy with what they have worked so hard to build. Whether crafting an estate or tax plan, advising on est...
Katie Duffy's practice is focused on estate planning, trust and estate administration, charitable planning, tax planning for high net-worth individuals, business succession, and transactional and business matters that arise in connection with the acquisition, ownership, and operation of closely held businesses. As a member of the North Carolina, South Carolina and Virginia bars, Katie advises clients in all three states with respect to their personal, financial, tax, business and estate plann...
Chris Genheimer is a member of the Carruthers & Roth business, tax and estate planning practice where he works with a wide variety of individuals, high net worth families, entrepreneurs and closely-held family owned businesses. He focuses on helping clients with all aspects of forming, operating and transitioning family owned and closely held businesses, with an emphasis on buying and selling businesses. Chris also assists clients with estate planning, estate and trust administration and ...
Caitlin Horne is a member of Moore & Van Allen’s Wealth Transfer group. She is North Carolina Board Certified Specialist in estate planning and probate law and holds an advanced degree in Taxation with a Certificate in Estate Planning from Georgetown University Law Center. Caitlin’s practice is focused on providing high-net-worth individuals and multigenerational families with sophisticated estate, tax, and business planning. A member of both the North Carolina and South Carol...
Brandon Jones’s practice focuses on helping individuals and business owners in a number of capacities. As an estate planner, he works with a broad spectrum of clients from all stages of life to implement effective estate plans – from young families just starting out to high-net-worth individuals and couples interested in transferring the wealth they’ve built to benefit the next generation in an efficient manner. His experience also includes estate and trust administration, a...
Peter advises clients on a wide array of issues in the context of estate and trust planning and administration. He assists in the preparation of Wills, Trusts, and Powers of Attorney to achieve each unique client's objectives in planning for death, incapacity, and asset transfers. Peter has extensive experience formulating estate plans, and his experience brings significant value to clients with varying types of planning needs and levels of complexity—ranging from simple estates, where ...
Sara Page Waugh's practice is focused on estate planning, trust and estate administration, charitable planning, business succession planning, and tax planning for high net-worth individuals. As a member of the North Carolina and Florida state bars, Sara Page advises clients in both states with respect to their tax and estate planning needs. Her practice includes the preparation and implementation of wills, revocable trusts, and financial and health care powers of attorney. Sara Page also empl...
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