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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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David Allen helps high-net-worth individuals and families with all their legal needs. With an approach that seamlessly integrates estate planning, tax minimization and concierge lawyering, David's advice allows his clients to spend less time managing advisors and more time focusing on their passions, their businesses and their families. From restructuring valuable art collections to coordinating legal services for multibillion-dollar family businesses and family offices, David is often the fi...
David A. Baker serves as head of the Firm's Estate, Trust and Guardianship Controversy Practice Group. He advises clients in the areas of estate, trust and guardianship litigation; probate, estate, trust and guardianship administration; and charitable foundation and exempt organization administration and litigation. He also practices estate planning. Please visit our website for more on David's biography: https://www.mwe.com/en/team/b/baker-david-a
Bobbi J. Bierhals has built her practice by developing creative and customized solutions for her clients. Her experience centers on tax and business planning for high-net-worth individuals and families. Her clients range from executives and first-generation entrepreneurs to multi-generational families, with net worth from $40 million to many billions of dollars, and include a number of individuals listed in the Forbes 400. Bobbi’s breadth of experience across a wide range of client prof...
William (Bill) J. Butler focuses his practice on estate planning and probate administration matters. Bill counsels family groups and individuals on all aspects of wealth transfer planning, with an emphasis on formulating estate plans that maximize and protect wealth while minimizing transfer taxes. Bill is the global head of McDermott’s Private Client Group and is a member of the Firm’s Management Committee. Bill represents many large, multigenerational family groups, and also adv...
James H. Cundiff advises clients on family wealth and business planning, federal estate, gift and generation-skipping tax planning, and estate and trust administration. James represents entrepreneurs, corporate executives, and other business leaders and wealthy individuals on estate and tax planning matters. Counseling closely held businesses and family members, James is actively engaged in the structuring of family businesses as well as business control and succession planning, multi-generat...
Richard L. Dees advises owners of privately and publicly held companies and wealthy families on control, tax, and business planning issues. Richard helps clients save estate taxes and develop succession plans targeted for S corporations, and regularly consults with other lawyers, accountants, financial planners, insurance consultants and trust officers on Internal Revenue Service (IRS) litigation and structuring business transactions. He also has experience on the farm estate tax valuation ru...
Stephanie advises on complex tax issues, investment structures, acquisitions and sales of special assets, trust and probate administration and charitable giving. She serves as a fiduciary consultant on litigation matters for corporate fiduciaries and interfamily disputes. Stephanie also represents taxpayers on contested tax matters, including federal and state audits and administrative appeals. Stephanie’s clients include high net worth individuals, family offices and corporate fiduciar...
Andy Gelman is an attorney in Holland & Knight's Chicago office. He concentrates his practice in estate planning and estate and trust administration and controversies and is the immediate past chair of the firm's Illinois Private Wealth Services Practice Group. He counsels individuals, executives and business owners on the use of wills and insurance and inter vivos or living trusts and powers of attorney for property and health care in their estate planning. Often his advice is in the are...
Susan is a partner in the Private Wealth Services practice group. Susan focuses her practice on sophisticated estate planning for business owners, wealthy individuals and entrepreneurs. She helps her clients transfer wealth to younger generations to achieve tax efficiencies as well as protection for beneficiaries and counsels her clients in connection with complex intrafamily issues that wealthy families often face. In addition to helping clients structure their estate plans, Susan advises cl...
L. Timothy Halleron focuses his practice on high-net-worth tax and estate planning matters. Tim advises individuals and family offices in planning for the preservation and transfer of wealth within families without the imposition of gift, estate or generation-skipping transfer tax. Read full biography: https://www.mwe.com/people/halleron-l-timothy/
David A. Handler is a partner in the Trusts and Estates Practice Group of Kirkland & Ellis LLP. He concentrates his practice on trust and estate planning and administration, representing owners of closely-held businesses, family offices, principals of private equity and venture capital funds, individuals and families of significant wealth, and establishing and administering private foundations and other charitable organizations. David is a fellow of the American College of Trust and Estat...
Carol A. Harrington advises clients on a variety of matters, including estate, gift and generation-skipping tax issues, closely held businesses and succession planning, family office structures and issues, private trust companies, private foundations, trust and estate administration, and contested trust and tax matters. Carol is the former global head of McDermott’s Private Client Practice. Read full biography: https://www.mwe.com/people/harrington-carol-a/
Charles Harris helps high-net-worth individuals and owners of closely held businesses on matters related to tax and estate planning. Charles is recognized as a leading lawyer on tax and estate planning by the Chambers High Net Worth guide, which cited his "expertise in handling planning for US citizens with foreign interests, including US citizens who live elsewhere, or who are marrying a non-US citizen. As a certified public accountant as well as a private practicing attorney, Charles helps ...
Louis S. Harrison has long been recognized as one of the premier estate planning attorneys in the country. A founding partner of Harrison & Held, LLP – one of the nation’s most elite estate planning firms – Lou’s practice encompasses all aspects of trust and estate planning, including estate and business planning for closely held companies. In addition to individuals in need of sophisticated planning, Lou represents numerous family offices, public figures, CEOs of ...
Described by clients as a "phenomenal practitioner and extremely bright," Michael Hartz advises on business succession planning, tax-efficient wealth transfer into trusts for future generations and strategies for fulfilling philanthropic goals. Michael is ranked among the leading lawyers for private wealth law in Chambers High Net Worth, where his practical, effective solutions to complex problems have led to consistent recognition. With 40 years of experience in trust and estate planning and...
David A. Herpe is a partner in the law firm of McDermott Will & Emery LLP, based in the Firm’s Chicago office. As a member of the Private Client Group, he counsels families, business owners, executives and individuals on all aspects of sophisticated estate and wealth transfer planning and related matters, including the preparation, administration and construction of wills and trusts, fiduciary income taxation, federal estate, gift and generation-skipping taxes, charitable gift planning, f...
Jim Hitzeman focuses his practice on estate and trust litigation, representing a wide range of clients, including corporate fiduciaries and charities. He has handled will and trust contests, construction actions, trust reformations, citations, actions involving contracts to make a will, accounting actions, and charitable cy pres and equitable deviation matters, in addition to a host of cases involving breach of fiduciary duty. Mr. Hitzeman has extensive experience dealing with family settleme...
Richard M. Horwood has devoted his practice to business and financial planning, including business law, taxation and estate planning. His extensive experience has allowed him to develop the resources that make him an acknowledged authority in these areas. He advises business owners, non-profit organizations, donors and collectors on a variety of complex planning issues. He advises art collectors regarding key issues such as authentication/provenance, collection management, tax matters, dispos...
Jeanette Suarez Hunter advises high-net-worth individuals, families, business owners and family offices on a wide range of tax, wealth-transfer, succession planning and charitable-giving matters. Jeanette takes a holistic approach to helping her clients implement and manage comprehensive estate plans and business succession plans that meet their immediate and long-term goals. Read full biography: https://www.mwe.com/people/hunter-jeanette-suarez/
Neil T. Kawashima has a diverse practice, representing wealthy individuals and families on matters related to estate and gift planning, business succession and governance, and estate and trust administration. Neil’s clients include owners of privately-held businesses, beneficiaries of long-term trusts, fiduciaries and entrepreneurs. Neil has advised his clients regarding traditional and novel uses of trusts, wealth transfer strategies, business control mechanisms such as voting trusts a...
Jordan Klein’s broad-based trust and estate practice encompasses all aspects of estate planning, trust and estate administration and settlement, wealth transfer, philanthropy and fiduciary counseling services. His clients include corporate executives, families with dynastic wealth, privately held business owners, professionals, fund managers, family offices and private foundations. Jordan has significant experience designing creative solutions to achieve his clients’ estate planni...
Tye Klooster counsels high-net-worth families on how best to preserve their legacies and transfer wealth to future generations. A fellow of the American College of Trusts and Estates Counsel, Tye serves clients who rely on him to design and implement sophisticated and personalized estate plans. Tye designs estate plans which allow high-net-worth individuals to leverage use of their gift, estate and generation-skipping transfer tax (GST) exemptions and to pass wealth to the next generation in ...
Richard (Dick) A. Lang delivers the Firm’s wide array of legal services to many of the wealthiest individuals and families in the United States. He concentrates on wealth transfer and income tax planning for venture capital and entrepreneurial clients, as well as counseling for family offices. Read full biography: https://www.mwe.com/people/lang-richard-a/
Eric builds sophisticated estate planning strategies for families and individuals, including business owners and executives. He also counsels clients on the legal and business implications of major life events, including premarital planning, relocating to a new jurisdiction, appointing short-term guardians for vacationing relatives and loved ones and designating agents for health care decisions. Eric represents clients spanning numerous industries and backgrounds, including traders, doctors, ...
Nicole K. Mann focuses her practice on all aspects of tax and estate planning, estate and trust administration and family business planning. She also has considerable experience in estate, trust and tax litigation involving disputes between and among family members, fiduciaries and beneficiaries. Nicole is a co-chair of the Firm’s Trust & Estate Controversy group. Read full biography: https://www.mwe.com/people/mann-nicole-k/
Elise J. McGee advises high-net-worth individuals and business owners on all aspects of wealth-transfer planning, including estate and trust administration, leveraged wealth-transfer techniques, tax matters, cryptocurrency and QSBS planning, real estate transactions and closely held business matters. Elise has extensive experience working with owners of closely held businesses to develop governance and succession plans, and on corporate, tax and compliance matters relating to those businesses...
Jason S. Ornduff advises high net worth families, business owners, executives, professionals and celebrities on state and federal laws regarding wealth transfer to the next generation, including estate planning, estate and trust administration, and estate and gift tax issues. Jason also counsels closely-held companies on various legal issues, especially in the areas of succession planning. Jason is a past president of the Greater North Shore Estate and Financial Planning Council. He is also a...
Firm Background: The Peithmann Law Office was founded in Farmer City in 1948 by Ortheldo A. Peithmann and his CPA wife, Winona C. Peithmann, as a general practice law firm with a tilt toward municipal law, farm estate planning and tax matters. Bill Peithmann joined the firm in 1985 after a stint as international corporate counsel in California. In May, 2012, the firm re-located 15 miles east to Mahomet, Illinois, where Bill and his wife Lisa have lived since 2006. Durable, Capable, Reliable: ...
Jeff Rambach is an experienced tax attorney and a partner in our Tax Credit Finance & Syndication Practice Group. He concentrates his practice in tax and business transactions with a focus on the development of real estate with the low-income housing tax credit (LIHTC), the historic rehabilitation tax credit (HTC), the renewable energy tax credit (RETC)and other federal and state income tax incentives. Jeff also has significant experience in a broad range of tax matters, including the tax...
Larry is chair of the firm’s Private Wealth Services practice group. He facilitates successful legal strategies for entrepreneurs, tax-exempt organizations, fiduciaries and high-net worth families and individuals. This work involves estate, gift and charitable planning issues, including business succession, tax-efficient ownership structures, sophisticated tax-exempt structures, trust and estate administration, executive benefits, life insurance and international estate planning for wea...
Joseph (Joe) O. Rubinelli, Jr., counsels clients on estate planning, family business, and trust and estate administration matters. He has spent his entire legal career as a member of McDermott’s Private Client practice. Read full biography: https://www.mwe.com/people/rubinelli-joseph-o/
Kate Scallan maintains an international trusts and estates practice, representing clients across the globe in high net worth estate and gift tax planning matters. Kate provides sophisticated tax advice to some of the most successful hedge fund and private equity fund principals in the world. She advises with regard to closely held business planning and tax structuring, bringing her personal touch and attention to each client’s unique situation. Kate’s practice encompasses wills, t...
Michael (Mike) J. Sorrow focuses his practice on tax, estate planning, family business and trust and estate administration matters. Mike regularly advises wealthy individuals and families on all aspects of wealth and tax planning matters. In addition, Mike works extensively with families that control significant public and private businesses, counseling them and their family offices on matters relating to effective tax planning, succession and governance planning and the intra-family issues t...
Domingo Such is a partner in the firm's Personal Planning practice. He focuses his practice on financial, estate and tax planning matters as they relate to ownership in various forms. This area of focus provides him with particularly broad legal perspectives in counseling family-owned and/or privately held businesses, as well as the family members and owners involved in these businesses. He represents wealthy families and individuals concerning significant and complex estates and trusts, advi...
Martin (Marty) Tish offers strategic counsel regarding asset ownership and structure, retirement planning and charitable planning for business owners, executives, entrepreneurs, traders, charities, family offices and individuals. He has administered estates and trusts ranging in size from $500,000 to more than $100 million. Clients rely on his aptitude for minimizing their tax burdens combined with the tact and discretion he employs in managing the sensitive human concerns that often arise du...
Jeffrey A. Zaluda is a partner at Horwood Marcus & Berk and chairs the Trusts and Estates Group. He advises individuals, families, fiduciaries, closely held businesses and business owners with respect to estate planning, business planning, asset protection and preservation, estate and trust administration, tax planning, and estate and trust litigation. Jeff is a technically adept estate planner, comfortable with both the straightforward and the sophisticated. His clients value his ability...
Amanda is a member of Neal Gerber Eisenberg’s Private Wealth Services practice group, where she focuses her practice on estate, tax, charitable and corporate planning for high-net-worth individuals and families, closely-held businesses, private foundations and family offices. She is highly experienced in drafting complex wills and trusts for clients, and has successfully represented trustees and trust beneficiaries in fiduciary litigation. Amanda advises clients on all tax and legal mat...
Sarah M. Barnes is an attorney and member of the Trusts & Estates group at Harrison LLP. Sarah concentrates her practice in the areas of estate and trust administration, estate planning, and probate, including decedent and guardianship estates. Sarah represents numerous individual and corporate fiduciaries charged with trust and estate administration and guides them through the probate process when required. Sarah also handles controversies that arise during the administration process and...
Chris assists families, entrepreneurs, family offices, and financial institutions with planning for and navigating generational transfers of wealth, businesses, and real property. Chris works with clients to arrange for their desired transfer of assets; limit their liability; and minimize the impact of estate, gift, and generation-skipping transfer taxes. A former litigator, Chris is experienced in identifying potential sources of tension among family members and is well-versed in developing ...
Kathryn is a partner in Neal Gerber Eisenberg’s Private Wealth Services practice group. She focuses her practice on sophisticated tax, trust and estate planning, administration and dispute resolution for high-net-worth individuals, families, and owners of closely-held businesses. Kathryn has considerable experience developing custom estate plans and leveraging estate planning techniques to preserve and transfer wealth to younger generations strategically. She collaborates with clients a...
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