Upton & Hatfield attorneys carefully review our client's goals, family circumstances, health concerns and business interests then prepare estate planning documents that are customized to the client's needs. As our attorneys develop the estate plan, we prepare documents such as wills, revocable trusts, durable financial powers of attorney, durable health care powers of attorney and living wills.
Where appropriate, we will prepare trusts specifically designed to minimize or eliminate estate taxes, such as irrevocable insurance trusts, qualified personal residence trusts and grantor retained annuity trusts. Our attorneys coordinate development of the estate plan with the client's financial advisor, tax accountant, and chosen charitable organizations.
Business Succession Planning
Our attorneys have significant business experience and work closely with business owners to structure their businesses in preparation for its orderly transfer to the next generation or sale to a third party. In addition to preparing estate planning documents, our attorneys prepare corporate documents, LLC operating agreements and buy-sell agreements that address the client's business objectives and focus on business continuity, the transfer of wealth, discount valuation and minimization of anticipated estate tax.
As part of a comprehensive estate plan, our attorneys negotiate and prepare prenuptial and post-nuptial agreements and other intra-family agreements that address issues that provide for children from multiple marriages and affect a client's estate.
Special Needs Planning
Our attorneys prepare estate plans and trusts specifically designed to provide for beneficiaries who are disabled or have special needs while preserving their eligibility for government benefits.
We work closely with individuals approaching retirement, as well as the elderly, to structure a plan that addresses sources of income, such as IRAs, Social Security, pensions and investments, and issues regarding long term medical care, housing and Medicaid eligibility.
The Upton & Hatfield estate administration team assists with the probate of wills and provides advice to executors and trustees in fulfilling their fiduciary duties relating to the administration and settlement of an estate. We prepare court documentation, search for, identify and value assets, identify and contact heirs, deal with creditors, transfer estate property to beneficiaries and coordinate the preparation of final tax returns.
Our trusts and estate attorneys represent trustees and other fiduciaries related to the administration and distribution of trusts. We also serve as trustee or co-trustees of a client's trust and work closely with the client's investment team to achieve the purposes of the trust.
All Will, Trust, and Estate Areas We Cover:
Traditional Estate Planning
- Durable Powers of Attorney
- Advance Directives and Health Care Powers of Attorney
- Gift and Tax Planning
- Prenuptial and Postnuptial Agreements
- Estate and Trust Administration
- Fiduciary Services
Complex Estate Planning with Business Assets
- Business Succession
- Limited Liability Operating Agreements
- Corporate Shareholder Agreements
- Buy-Sell Agreements
- Non-qualified Deferred Compensation Plans
- Estate Planning with Split-Dollar Life Insurance Contracts