Estate Planning and Trust Administration
Our Practice
We believe there is no “typical” problem in the area of personal and estate planning: the mix of life circumstances and business and personal assets is unique for each person. At Snell & Wilmer, we emphasize cutting-edge tax planning tailored to realizing family objectives.
We begin by helping our clients define their overall objectives and then find a tax-efficient way to achieve those objectives. Our implementation of estate planning, which reflects family and tax objectives, requires firsthand experience with estate and gift tax laws and the ability to draft concise legal documents. Of course, all aspects of our representation are held strictly confidential.
We assist clients with a variety of estate planning and administration services, including:
- Revocable trusts and wills
- Durable powers of attorney
- Health care powers of attorney and living wills
- Life insurance trusts
- Charitable trusts
- Planning for qualified plan and IRA assets
- International estate planning techniques
- Minors' trusts
- Family limited partnerships
- Succession planning for a closely held business
- Estate and trust administration advice
- Preparation of federal and state estate tax returns
- Distribution of assets to beneficiaries.
The implementation of our estate planning services is designed to provide our clients with the best possible level of understanding and clarity. We provide explanatory letters to assist in understanding any proposed plans. State-of-the-art computer programs are used in making estate tax projections and in preparing tax returns. We emphasize taking follow-up actions in titling assets and beneficiary designations.
Our Attorneys
Estate Planning and Probate includes attorneys and paralegals who provide estate planning services to clients in all our offices. Additionally, we often draw upon the broad range of experience of other attorneys in the firm for the benefit of our clients.
We believe a coordinated effort between advisors provides the most efficient and effective solutions to client needs. We frequently meet with investment planners, accountants and other advisors on behalf of our clients.
Our Experience
The Estate Planning and Probate team typically represents individuals seeking estate planning advice and the services described above. We also frequently represent individual and corporate personal representatives (executors) and trustees, as well as beneficiaries.The following are some representative matters we have handled:
- For many married couples, we prepare estate planning documents that take advantage of the unlimited federal tax marital deduction, so there will be no estate tax at the death of the first spouse. For couples of substantial means or with significant life insurance benefits, a “credit shelter” trust is utilized to minimize taxes at the second death.
- A couple with a handicapped child came to us requesting special planning for the long-term care issues involved with their estate planning. We were able to structure lifetime trusts for the child which would not diminish the public benefits otherwise available to the child.
- An obstetrician wanted estate planning which would incorporate protections from potential malpractice claims. We were able to structure the assets and pension and insurance benefits so as to minimize the risk to his family.
- We successfully argued before the Arizona Court of Appeals that language contained in a trust agreement drafted by another law firm effectively waived the benefit of the Arizona life insurance exemption statute. Our client, who would have received a minimal amount from the probate estate, was thereby entitled to have a claim of several hundred thousand dollars satisfied from life insurance proceeds.
- We were retained in connection with the estate of a French citizen who had moved to the United States shortly before death. The estate’s substantial art collection would normally have been heavily taxed by the United States. Based upon our interpretation of complex estate tax treaty language, we successfully persuaded the Internal Revenue Service to totally exempt the art collection from the United States estate taxes.
Internal Revenue Service
Social Security Administration