Trusts and Estates

Brinkley Morgan Estate and Trust Litigation attorneys represent trustees, personal representatives, guardians, charitable organizations, family businesses, fiduciaries, and beneficiaries in a full range of estate, trust, and fiduciary disputes.

Preparation of Revocable and Irrevocable Trusts, and Wills

Our estate planning services include preparation of trusts for various purposes, including revocable trusts, life insurance trusts, trusts for minors, generation skipping trusts, and other irrevocable trusts. We strive to meet the client’s objectives in a tax efficient manner.

Asset Protection Planning

We advise clients on how to protect assets from potential creditor liability’ including divorce. Techniques include the use of trusts, titling of assets, and postnuptial agreements.

Business Succession Planning

We assist clients with planning and implementing business succession, both within families and in transactions and agreements for the sale of a business and its assets.

Tax Planning

We advise clients on how to reduce or eliminate estate and gift taxes. We also advise on how to structure various business entities, such as Limited Liability Companies and corporations in a tax efficient manner.

Probate and Trust Administration

Our team of attorneys and paralegals administer estates and trusts, including, if needed, preparation of estate tax returns, distribution or sale of real estate and businesses.

Guardianship Administration

We establish and administer guardianships for minors and incapacitated adults.

Designation of Insurance and Retirement Plan Beneficiaries

An important part of estate planning is beneficiary designations, especially when the beneficiary is a trust.

Preparation of Living Wills and Designations of Healthcare Surrogates

As part of our estate planning services, we prepare Living Wills and Healthcare Proxies, both very important to best manage end of life health issues.

Preparation of Pre-Need Guardian Designation and Durable Powers of Attorney

Designation of a preneed guardian allows the client to choose his or her guardian, rather than having a judge make the choice. A Power of Attorney likewise lets the client choose who will handle his or her individually owned assets if incapacitated. Having a Power of Attorney, Living Will, and Healthcare Designation will, in most cases, avoid the need for guardianship, even if one is incapacitated.

Disposition of Businesses and Other Income Generating Assets

We advise clients on various legal matters involved in forming and/or operating a business. We also represent clients in the purchase and sale of businesses and other assets.

Probate and Trust Litigation

Our attorneys represent beneficiaries, personal representatives, and trustees in will and trusts contests, as well as in litigation arising out of estate and trust administration.