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The firms Estate and Business Succession Planning Department is
dedicated to personalized client service. Each engagement consists of
four steps -- (i) educating the client about the process and the options
that are available; (ii) listening to the client to determine his or her
needs and objectives, (iii) designing a plan or strategy that meets those
needs and objectives, and (iv) ensuring that the client understands the
plan or strategy.
Our
department subscribes to a team-centered approach. We work to ensure the
availability at all times of someone who is knowledgeable about the clients
estate plan in order to answer questions and solve problems. This approach
is extended to include the clients CPA, financial advisor, insurance
agent, and other consultants, and we encourage their collaboration and
advice.
We
offer a depth of knowledge and expertise that allows us to provide a variety
of estate and business succession planning options -- including the most
sophisticated and cutting edge techniques. Furthermore, we are committed
to an efficient and automated practice that makes it possible for us to
devote the majority of our time to client education and service. Our commitment
to client service continues after the initial engagement is completed
because estate and business succession planning is an ongoing process
that evolves as the clients needs and objectives change, as laws
change, and as new planning tools and techniques are developed.
Our
Estate and Business Succession Planning Department provides the following
types of services.
Estate
Planning
Everyone has an estate plan even if he or she does not know it. Some people
have not made out a will or a trust, so they have a one-size-fits-all
plan dictated by the government. Under that plan, the government decides
who will receive their assets and imposes certain taxes upon death. Other
people have a personal estate plan developed with their own objectives
in mind. This is the type of individualized estate plan that our attorneys
provide. They begin by investing the time and attention necessary to understand
each clients needs and objectives, and then they design a customized
plan utilizing the appropriate estate planning tools from the standard
to the cutting-edge.
Business
Succession Planning
Family owned and closely-held businesses present special Estate Planning
challenges for their owners. Traditional estate tax concerns are combined
with additional problems of liquidity and transition of management. Our
estate planning lawyers have significant experience in this area and can
guide the small business owner in developing an estate and business succession
plan which will maximize the busines chances for success, while
promoting equity and reducing strife among heirs.
Retirement
Planning
Nearly everyone these days has an IRA, 401(k), or other retirement plan.
The choices and elections that they require are often difficult to understand,
and the income and estate tax consequences of failing to plan adequately
for the distribution of these accounts can be devastating. Our attorneys
are skilled in these planning techniques and regularly assist clients
in this complex area.
Charitable
Planning and Charitable Trusts
Clients are often interested in making gifts to charities. Our attorneys
are experienced in counseling clients on charitable giving techniques
such as Charitable Remainder Trusts and Private Foundations.
Medicaid
and Disability Planning
It is inevitable that we each face the prospect of obtaining long term
health care for ourselves or a loved one. Protecting family assets from
the cost of that long term care has been made difficult by complex and
confusing state and federal regulations governing Medicaid qualification.
We regularly assist our clients with planning decisions that safeguard
their family assets.
Probate
and Trust Administration
One of our estate planning objectives is to make the administration of
decedents estates run as smoothly as possible. Even for those clients
who have designed their estate plans to avoid probate, much needs to be
done. Avoiding probate does not mean the avoidance of estate taxes. Our
experienced team can guide the family through the process of proper administration
of any trusts in accordance with the trust agreements. This includes the
valuation of trust assets, consolidation or division of trusts, and proper
trust accounting -- all to obtain the greatest estate and income tax advantages.
There are also many post mortem strategies that can be employed to save
time and taxes.
In
most cases, the local Probate Court will be involved in overseeing at
least a portion of the estate. Our team members are experts in Ohio probate
law, and we and can guide the executor or administrator of the estate
through the maze of local procedures in the probate courts throughout
the state. We regularly practice in Florida, as well, and through affiliated
firms throughout the country, we have the capability of representing clients
with assets in multiple states.
Probate
and Trust Litigation
When money is involved, disputes can arise. Our estate planning department
has lawyers who can handle these disputes in a timely, cost-effective
manner. The firm has represented beneficiaries, executors, and trustees,
in will and construction actions, will contests, and most other types
of probate and trust litigation.
Tax
Litigation
Even the most secure estate plans are sometimes challenged by the IRS
and the best results for the beneficiaries cannot be obtained without
litigation. We have a tax controversies group that combines estate planners
and litigators as a formidable team to deal with the IRS in audits, in
administrative appeals, and even in the US Tax Court.
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