Estate Planning and Trusts

Estate Planning and Trusts

The attorneys of Broad and Cassel’s Estate Planning and Trusts practice serve a range of clients, from small business owners to professional athletes and entertainers. With two Certified Public Accountants, nine LL.M. degrees and three board certifications in Elder Law and Wills, Trusts & Estates, the group is uniquely qualified to address their clients’ personal and financial objectives.

“Our attorneys are prepared to advise clients on the most basic and most complex aspects of estate planning, including planning for the disposition of business interests.”

Our attorneys are prepared to advise clients on the most basic and most complex aspects of estate planning, including planning for the disposition of business interests. Examples include:

  • Estate tax marital deduction planning and credit shelter trusts
  • Revocable inter-vivos (living) trusts
  • Gifts in estate planning, including the creation of sophisticated trusts, such as Grantor Retained Annuity Trusts (GRATs)
  • Irrevocable trusts for disposition of insurance proceeds
  • Charitable trusts to minimize income or estate tax liabilities, especially in disposing of interests in closely held businesses or highly appreciated assets
  • Preparation and review of shareholder and partnership agreements as they relate to estate planning consideration
  • Living wills, health care surrogate designations and durable powers of attorney

Our attorneys are widely recognized for their experience with virtually all issues that arise in the course of administering a trust, estate or guardianship. Unfortunately, disputes sometimes arise during probate administration. By combining the knowledge of our estate planning and trust attorneys with our seasoned litigators, we are able to provide our clients with the best possible representation. Our attorneys have extensive experience in all areas of probate litigation, including will contests, claims of undue influence or lack of capacity, probate accountings, actions brought against personal representatives or trustees, all aspects of federal and state tax litigation (including tax apportionment issues), elective share issues and actions involving creditor claim.

Recent experience includes:

  • Successful resolution of significant probate litigation during trial in which the plaintiffs sought removal and surcharge of trustees under a multi-million dollar trust that controlled substantial real estate holdings and provided lifetime benefits to the surviving spouse.
  • Representation of numerous professional athletes, individuals worth many millions of dollars, in matters related to estate planning, taxation, marketing contracts and the creation of businesses.
  • Representation of a client in the structuring of a complex gifting transaction of interests in an automobile dealership to intentionally defective grantor trusts designed to be exempt from: (a) future estate tax and generation-skipping transfer tax for 360 years in the future; and (b) a beneficiary’s creditors.
  • Representation of a client worth in excess of $2 billion for estate planning and a prenuptial agreement.
  • Representation on the gift/sale of closely-held automobile dealerships to separate irrevocable trusts for the benefit of the owner’s children to reduce imposition of estate and generation-skipping transfer tax exemption.
  • Representation of a Trust Protector of 14 different trusts in litigation. Matters involved generation-skipping transfer tax issues, complex decanting issues, the inclusion of a grantor retained annuity trust in an estate and various other complex issues.

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