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practice areas

Wills, Trusts Estate Planning and Probate

Bankruptcy

Business Transactions

Corporate Securities

Domestic and Family Law

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Wills, Trusts Estate Planning and Probate

This practice group provides knowledgeable and practical assistance to clients in all aspects of tax and estate planning for individuals, families, and closely held businesses, including income, gift and estate tax planning and tax and business planning using corporations, partnerships, limited liability companies, and other unincorporated entities. Our representation spans the spectrum from straightforward will preparation without any concern for income or transfer tax planning to comprehensive and coordinated multi-generational life and post-death planning, involving income tax and transfer tax optimization and trusts and family investment and business entities. We strive to act as our clients’ counselor, melding specialized legal and tax advice with real world experience gained through years representing clients in all aspects of estate planning, from drafting testamentary instruments to probating estates after death, transitioning across generations and representing parties before taxing authorities. We also work with a client’s other financial and personal advisors, and we are keenly sensitive to the special dynamics and challenges present in this area of the law. This practice group possesses the individual personnel and technogical resources necessary to provide representation in the following areas:

Will Preparation, including tax and non-tax planning wills and associated estate planning documents, such as durable powers of attorney, medical powers of attorney, living wills, asset ownership configurations, and related matters.

Revocable or "Living" Trusts Preparation, either in conjunction with “pour over wills” or for assets having a location outside Colorado so that probate in other jurisdictions will be avoided.

Estate or Inheritance Tax Planning and Litigation, including, if necessary, the preparation of estate and gift tax returns and the representation of clients before taxing authorities.

Probate Administration and Litigation, involving all aspects of probate administration, whether formal or informal, supervised or unsupervised, and whether involving challenges or litigation.

Guardianships and Conservatorships, including the initiation of guardianship and conservatorship proceedings and all aspects of their administration and termination.

Powers of Attorney, Living Wills and Advance Medical Directives Preparation, either in connection with estate planning representation or in special circumstances, such as for the terminally ill or for clients with special circumstances or needs.

Irrevocable Trusts, including the preparation and evaluation of the following types of irrevocable trusts:

  • Life Insurance Trusts
  • Education Trusts
  • Luxury Trusts or Special Needs Trusts
  • "Dynasty," Multi-generation or Generation Skipping Trusts

Marital Planning and Marital Agreement Preparation, including consultation with and representation of separate parties prior to a marriage, during a marriage or in connection with a marital dissolution action and including the preparation of martial agreements to attempt to ensure the implementation of clients’ estate plans and to eliminate the uncertainty regarding the characterization of special assets or interests, such as business interests and beneficial interests in trusts, either at death or upon a marital dissolution.

Gifting, including tax and non-tax consequences and effects and including the consideration of special techniques and assets, such as residences and non-publicly traded and discountable business or investment interests.

Charitable Planning, including the preparation of so-called split interest trusts such as charitable remainder trusts and charitable lead trusts, and the inclusion of testamentary charitable bequests in wills and trusts

Business Succession Planning, involving succession planning for family-owned businesses in order to position them for potential sale or expansion, with or without the active participation of subsequent generations or for a transition over time to subsequent generations, all with a consideration of income and transfer tax consequences.

Medicaid Qualification for those clients wishing to avail themselves of allowable public benefits.

The attorneys in the Wills, Trusts, Estate Planning and Probate Organizations Group include:

Merry H. Balson
Michael J. Cook
Susan L. Boothby
Steven C. Hoth
Gary M. Kramer
Shawn P. Nowlan
Stephen P. Rickles
Dan A. Sciullo