The Trusts & Estates Group at Fowler White handles a spectrum of matters relating to estate and wealth transfer planning. Our attorneys work closely with individuals to understand each client's specific needs, taking into account personal, business and financial considerations. Clients benefit from our collective experience and ability to meet their needs with custom-tailored legal advice.
Estate Planning
Fowler White attorneys work closely with clients to develop a thorough understanding of each client's goals, needs, unique circumstances and financial short- and long-term goals. This deep appreciation of a client's personal objectives, along with our collective technical expertise, enables our attorneys to implement a plan that maximizes wealth preservation and provides a simplified and comprehensive transfer of resources.
Tax considerations are an essential component of the planning process. We stay abreast of ever-changing federal and state tax laws, and employ a variety of instruments and techniques to minimize and defer tax exposure.
We counsel clients, individuals and families of various levels of wealth and every stage of life, in all aspects of estate planning, including:
- Revocable living trusts
- Wills
- Durable powers of attorney
- Designations of health care surrogates and living wills
- Irrevocable life insurance trusts
- Business succession planning
- Family Limited Partnerships
- Charitable gifting strategies
- Preparation of federal estate tax returns
- Distribution of assets to beneficiaries
- Special needs trusts
- Crummey compliance
Trusts & Estates Administration
We represent both corporate and individual executors, personal representatives, trustees and other fiduciaries in connection with the administration of trusts and probate estates.
- Probate of wills, including filing all court documents for probate and appointment of executors
- Collection and valuation of assets
- Distribution of estate assets to beneficiaries
- Advice in connection with distributions from IRAs and other retirement plans
- Preparation and filing of estate, inheritance, succession and fiduciary income tax returns
- Post-mortem tax-planning advice, including preparation of disclaimers and advice in connection with post-mortem tax elections
- Selection, resignation and removal of trustees
- Allowance of accounts of executors and trustees
- Discretionary distribution decisions
- Creditor claims
- Homestead and real estate
Probate Litigation
We are frequently called upon to help resolve disputes regarding will and trust contests, as well as estate administration.
- Will and trust contests
- Breach of fiduciary duties
- Undue influence
- Lack of testamentary capacity
- Fiduciary surcharge cases
- Interference with an inheritance
- Contested guardianship proceedings
- Reformation, modification and termination of trusts
- Disputes concerning the interpretation and administration of wills and trusts
Guardianship Administration & Litigation
Fowler White has extensive experience assisting clients and professional guardians in commencing guardianships of minors and incapacitated adults. We provide comprehensive services regarding guardianship matters including:
- Drafting pleadings to appoint plenary or limited guardians
- Appointment of emergency temporary guardians
- Limited guardianships of persons and/or property
- Mental health proceedings and Baker Acts
- Protection of the ward's property and person
- Restoration of ward's rights
- Disputes regarding guardianship appointments