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Wealth Management and Succession Planning

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Complex tax and property laws, as well as complicated family structures, can hinder the transfer of the family business and assets between generations. Waller's wealth management and succession planning attorneys work with high net worth individuals, closely-held companies, families, their family offices, and family-owned businesses, to structure their assets and ownership interests to ensure security and financial stability through sophisticated strategic planning vehicles. In special circumstances, we act as personal representatives or trustees, guaranteeing careful probate and estate trust administration.  

Clients appreciate our understanding of family dynamics as well as our sensitivity during emotionally charged times. By applying common sense solutions, our attorneys instill confidence that our goal is to protect our clients' wealth. When necessary, we represent both individuals and corporations in probate and trust-related litigation.

Clients choose Waller for our:

  • Ability to understand the goals of our clients and their families
  • Individually crafted solutions that limit complexity
  • Ability to communicate with clients by conveying complicated tax concepts in an easy to understand manner
  • Creative approaches to protecting and retaining clients' wealth
  • Direct, candid manner
  • Frequent, ongoing communication
  • Hands-on, empathetic style

Our trusts and estates attorneys include:

  • Three Fellows of the American College of Trust and Estate Counsel
  • Fellows of the American College of Tax Counsel
  • Members of the American Tax Policy Institute and the American Law Institute

Probate and Estate Planning

Because of the wide variety of assets clients possess, Waller's estate planning services do not focus solely on Wills, but take into account all aspects of clients' wealth, including those that pass at death by survivorship, by beneficiary designation, or through an existing trust to others.

Competent, calm and effective, Waller provides probate services ranging from small estate proceedings to more elaborate taxable and non-taxable proceedings for residents' and nonresidents' estates. 

Our estate, gift, and income tax planning, include:

  • Facilitating the sale of assets to trusts without the client incurring income, gift, or estate taxes
  • Lifetime gifting programs
  • Marital planning
  • Personal income tax planning
  • Use of charitable split-interest trusts
  • Use of gifts, S-corporations, LLCs, and partnerships, which may result in reduced value for tax transfer purpose

Our attorneys also assist clients with life insurance planning, the establishment and administration of revocable and irrevocable trusts, and generation-skipping tax planning. We also provide complete post-mortem tax planning, including the preparation of all federal and state fiduciary tax returns, audit and subsequent tax litigation proceedings, and tax planning for beneficiaries. 

Probate and Estate Trust Administration

With substantial experience in probate and estate and trust administration, our attorneys often serve as counsel for individual and corporate fiduciaries and may act as personal representatives or trustees in special circumstances. Clients value our focused attention when representing them in connection with IRS and state audits involving estate, gift and income tax controversy matters.

Litigation

Although we seek to resolve differences expediently, sometimes going to court is the best solution. Whether displaying our formidable courtroom presence and willingness to do battle, or guiding clients through the dispute resolution process, we bring an impressive track record to every dispute.

Waller probate and trust-related litigators represent both corporate fiduciaries, and individual fiduciaries and beneficiaries. Matters handled by our probate litigators include:

  • Breach of fiduciary duty actions
  • Guardianship and conservatorship proceedings
  • Rights of the surviving spouse to elect to take against the will
  • Surcharge actions
  • Tax apportionment
  • Undue influence proceedings
  • Will and trust construction proceedings
  • Will contests

 

 

Waller attorneys:

  • Formed the first family private trust company in Tennessee
  • Helped draft legislation to enhance the Tennessee Revised Limited Liability Company Act.
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