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.
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.
We provide estate, gift and income tax planning counsel on matters involving:
- Sale of assets to trusts without client incurring income, gift or estate taxes
- Lifetime gifting programs
- Marital planning
- Personal income tax planning
- Charitable split-interest trust and use of gifts
- S-corporations, LLCs and partnerships
Our attorneys assist clients with life insurance planning, the establishment and administration of revocable and irrevocable trusts, and generation-skipping tax planning. We 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
