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Trusts and Estates

Clients retain and rely on our award-winning attorneys for their expertise, experience, personal attention and compassionate representation. Our team understands that your planning can involve both technical and emotional issues, and we start with listening to you to determine your true objectives. With this understanding, we help you customize a plan to meet these objectives, and we provide the clear and candid advice you need to make informed decisions that provide peace of mind for you and your family’s future.

The Right Mix of Innovation and Pragmatism

Our diverse, multigenerational team advises individuals, couples, families, fiduciaries, family-owned businesses, family offices and foundations on a full array of sophisticated trust, estate, tax, control, succession, asset protection and related matters. Highly regarded for our pragmatic, creative and results-oriented thinking, we craft sophisticated and yet sensible approaches to even your most complex, multi-layered issues. This helps you achieve your goals at the lowest risk and tax exposure possible. Additionally, we understand that you didn’t grow your business and accumulate wealth only to see your savings and investments spent on legal bills. Our team places a premium on efficiency and offers top-tier service with your finances in mind.

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Strengths Snapshot

Our attorneys draw on extensive experience and expertise to provide counsel in these and other areas:
  • Administration of trusts and estates
  • Asset protection
  • Audits
  • Business succession planning
  • Charitable giving strategies, private foundations and tax-exempt organizations
  • College savings
  • Elder law, including special needs trust planning and Medicaid planning
  • Estate planning
  • Family cottage and vacation property planning
  • Family wealth education
  • Family office formation and representation
  • Fiduciary counseling
  • Fiduciary and beneficiary litigation
  • Florida estate planning and property ownership
  • Impact investment advising
  • Investment advisor selection
  • Intergenerational transfer of family assets
  • Planning for incapacity
  • Planning for retirement assets
  • Probate litigation
  • Pre-nuptial and postnuptial agreements
  • Tax planning and advising

Services

Charitable Giving and Organizations

Charitable giving can be very beneficial – and very complicated. It involves ensuring the desired benevolent goals are reached while maximizing the income, gift and estate tax benefits. Whether creating a charitable lead trust, charitable remainder trust, charitable gift annuity, donor advised fund, designated fund, private foundation or giving to your favorite public charity, we will lend expertise to help you further your cause. We also serve as counsel to several types of charitable organizations, such as educational, medical and cultural institutions, private and community foundations and business leagues. We also assist with the formation and implementation of fundraising and grant programs, as well as reporting to the IRS and responding to IRS examinations. From business conception to dissolution, we provide tax-exempt organizations with the proper guidance needed to remain compliant and achieve goals.

Elder Law

As people are living longer, they are facing increasingly sophisticated legal needs. Our elder law attorneys help aging and disabled individuals, and their families and caregivers, navigate complex and emotionally difficult issues related to health care, housing, insurance, independence, disability, guardianship and planning for long term care. We are devoted to helping our clients prepare for their retirement, Social Security, Medicare, Medicaid, and wealth preservation needs.

Estate Settlement and Trust Administration

Our trust and estate attorneys guide individuals, families and fiduciaries through the difficult decision-making process that follows the passing of a loved one. We help simplify the process by collecting assets, paying creditors and taxes, and transferring the remaining assets to beneficiaries. We regularly provide representation in audits with the IRS and other tax-collection agencies. We administer trusts of all kinds and provide assistance with forms, deeds, accountings and other administrative tasks. We also counsel individuals and families who need assistance with after-death tax planning.

Family Business and Succession Planning

For family and closely held businesses, succession planning is not optional. Without it, the business will not survive and there will be no related legacy. We help implement a balanced strategy that promotes and protects the needs of both the family and the business. This often involves separate transitions of management and ownership and assistance with family meetings to discuss and plan these transitions. Our dedicated family business attorneys represent families of all sizes, from small businesses to large multi-billion-dollar international organizations. We are passionate about guiding clients through all areas of succession planning, tax planning, gift planning and various value-freezing and sale techniques – all designed to strengthen your business and secure your family bond while ensuring a lasting future.

Family Office Representation

We provide family offices with legal services, including tax strategy, estate planning, entity formation and governance, private equity and transaction evaluations, charitable and asset protection arrangements, risk management, real estate and corporate services, dispute resolution and litigation services as well as employment, records retention, investment RFPs and numerous other services. Our family office clients range from multimillion-dollar organizations with little to no staff to complex and multi-faceted organizations with full time employees and billions of dollars in net worth. Whether you need a single issue addressed or an outsourced Chief Legal Officer, we can provide the very best service – at the very best value.

Fiduciary Representation

Fiduciaries are appointed to act in the best interest of an individual (known as the principal) in the management of money or property. Fiduciary relationships involve legal and ethical obligations of trust and good faith to protect the assets of the individual. Trustees, guardians, agents under powers of attorney, patient advocates, trust protectors, caregivers and personal representatives all involve fiduciary roles that come with great legal responsibilities. At Warner, we counsel fiduciaries and help them uphold their duties. We also represent fiduciaries in mediation and litigation.

Fundamental Estate Planning

Estate planning is an essential step in structuring and protecting your property, both during your life and after your death. Everyone who owns assets can benefit from the estate-planning process. It includes planning for the unexpected, such as an illness or disability, as well as preparing for the certainty of death and taxes. Whether dealing with bank accounts, insurance policies, retirement plans, other investments, real estate or any other types of property, you can always minimize risks, pursue opportunities and simplify transitions. Proper planning will protect you, your loved ones and your legacy.

Tax Planning

Federal estate tax laws now place a greater focus on income tax planning in conjunction with estate tax planning. The decisions you make now can greatly affect how your assets are taxed later. We counsel individuals and businesses in all aspects of federal, state and local taxation, including estate, gift, generation-skipping and income (whether individual, entity or fiduciary-based) taxes, whether applicable to individuals, entities or fiduciaries. In addition, we represent clients in defending their tax positions under audit by the IRS and state agencies. Helping you prepare and plan today will ensure a better tomorrow for you and your loved ones.