Trusts & Estates

Practice overview
The personal legal services attorneys at Clark Hill handle our trusts and estates practice. Estate planning is more than drafting trusts and wills and handling estates - we counsel you (and your family) and present practical plans and suggestions for the preservation and the tax-sensitive distribution of your assets to your beneficiaries. We have extensive experience with the complex tax and probate laws which apply to your situation and take pride in our ability to explain practical and understandable solutions for your individual situation. We are sensitive to the specialized needs of seniors, and those who are unable to handle his or her affairs because of immaturity or incapacity. When disputes arise, we act as mediators and arbitrators, or when necessary, we aggressively litigate and advocate your position through the trial and appellate courts. We always keep in mind that in family situations, a solution reached among the parties outside the courts is often the best long-term solution. We are experienced estate planners, tax planners and trial attorneys. Members of our group are well respected in both the public and private sector, and we are often consulted by and hired by other attorneys for our expertise. Collectively we have over 200 years of experience at what we do.

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The Estate Planning Process

Estate planning is a very personal process and an important part of planning for the future for you as well as your family. We are sensitive to the emotional aspects of estate planning and are confident our methods and explanations will make the entire estate planning experience satisfying.

Estate planning commences with an initial discussion of your estate planning objectives and a confidential analysis of present and future assets, liabilities, income, and expenses. Detailed consideration is then given to family considerations as well as to tax and probate ramifications; we also include a calculation of estimated federal estate taxes, state estate and inheritance taxes, gift taxes and income tax consequences.

After our analysis and discussion, we present a proposed estate plan including drafts of various estate planning documents. These documents typically include a Will, Trust, Durable Power of Attorney, Designation of Patient Advocate (for health care decisions) and Medical Record Authorization forms to comply with Federal privacy rules. The plan may also include additional documents depending upon your circumstances and objectives such as an irrevocable life insurance trust, or other specialized techniques discussed below. Our goal is to help you achieve your objectives for the preservation and distribution of assets to your family while minimizing taxes and other administrative expenses (probate). To assist you in commencing the estate planning process, Estate Planning Information Questionnaires are available for your use:

Estate Planning Information Questionnaire--Individual
Estate Planning Information Questionnaire--Married

Understandable Estate Planning Documents

We draft our wills, trust agreements, durable powers of attorney, designations of patient advocate and other estate planning documents so they are understandable to you yet effective in implementing the personal planning and tax strategies in your estate plan. We are often asked to provide speakers at statewide legal education seminars on the topic of how to draft clear, concise estate planning documents.

Sophisticated and Effective Tax and Succession Planning

We also provide sophisticated tax and succession planning. Our strategies include planning for closely-held businesses, estate and gift tax valuation discounts, use of family limited partnerships, family limited liability companies, and irrevocable life insurance trusts; charitable giving strategies such as foundations, charitable remainder unitrusts, charitable remainder annuity trusts, charitable lead annuity trusts, charitable lead unitrusts; use of qualified personal residence trusts, creditor protection devices, grantor retained annuity trusts and sales to intentionally defective grantor trusts among others. These techniques can provide tax savings and a stream of income, among other benefits. You may know about some of these ideas by their acronyms: FLP, LLC, LP, ILIT, CRAT, CLAT, GRAT, GRUT, QPRT, IDIT.

Medicaid Planning; Asset Protection Planning

Clark Hill is experienced in providing an analysis of assets and income and counseling clients and their families who anticipate the need for long term care whether provided for by Medicaid or other governmental or private programs. We are experienced with various strategies that preserve the assets and resources for a spouse when a family member needs long term care. Special needs trusts for disabled individuals can provide for those individuals without jeopardizing other benefits available for their care.

We also counsel clients in high-risk occupations as to methods to protect their assets from potential, future creditors. We are often asked to evaluate offshore arrangements as well as domestic asset protection trusts.

Elder Law

Clark Hill provides specialized advice and counsel for the special needs of seniors, and those who are responsible for the care of the senior members of their family. Powers of Attorney and other estate planning documents are prepared to anticipate both current and future needs. If a guardian or conservator is needed for someone who is not capable of handling his or her affairs, we can assist with that process, as well.

Probate and Trust Litigation; Will Contests; Trust Disputes; Alternative Dispute Resolution

Clark Hill has an experienced team of litigators and trial attorneys and has aggressively and successfully represented clients in probate courts throughout the state of Michigan. Our litigation experience in contested probate and trust matters includes will and trust contests; document construction issues; termination or reformation of trusts; removal of trustees and personal representatives; challenges by (and proper determination of) heirs; determination of spousal rights; challenges to joint property such as bank, brokerage and other financial accounts as well as real property; creditor claims; breach of fiduciary duties by a trustee, personal representative or agent under a power of attorney; and issues surrounding estate tax and expense apportionment. Our breadth of expertise allows us to use the discovery phase of litigation and motion practice to narrow the issues and attempt to spare our client the time and expense of a trial. However, if a resolution cannot be agreed upon, our staff of experienced trial attorneys (and a specialized appellate department) is available to aggressively pursue the litigation on your behalf.

Our Group also has a reputation for acting as "problem solvers" in resolving disputes and problems involving will and trust contests. We frequently act as special counsel to trustees, personal representatives, and other attorneys in contested matters. We keep in mind that will and trust contests involve not only financial issues, but family issues as well. We are experienced at crafting unique and workable solutions, which resolve the immediate problem and avoid future controversies as well. We also have attorneys who are on the list of court-approved mediators.

Probate of Wills and Administration of Trusts, Foundations, Conservatorships and Guardianships

Clark Hill assists with the probate of wills as well as the administration of all types of trusts, foundations, conservatorships and guardianships. Administration includes the collection and marshalling of assets and discharge of liabilities, reporting financial data to beneficiaries, preparation of federal and state estate tax, generation-skipping transfer tax, and gift tax returns, preparation of all necessary state and federal income tax returns, preparing and implementing plans for the distribution of assets and completion of administration. We counsel Personal Representatives, Trustees, Guardians and Conservators and other fiduciaries when questions, disputes or issues arise, and evaluate potential risk management issues. Much of the administrative and tax compliance work is performed by our highly trained staff of legal assistants and CPA's.

Tax Return Preparation; Compliance

Clark Hill prepares income tax returns for individuals, corporations, partnerships limited liability companies and estates and trusts. We utilize highly skilled legal assistants and CPA's on our staff to provide our clients with high quality work, completed efficiently and at a competitive cost. We also assist private foundations and other charitable organizations with annual reporting compliance requirements.

IRS Audits and Tax Litigation

Clark Hill handles audits and disputes involving estate, gift, income and property tax matters in federal and state courts. We practice before the Internal Revenue Service, the U.S. Tax Court, the Michigan Department of Treasury, the Michigan Tax Tribunal and other courts and agencies. We have been very successful in contesting property tax assessments and advising clients on related property tax issues. Our attorneys have at their disposal all the resources of Clark Hill's tax practice, and have the ability to seek additional counsel within the firm depending on the situation.

Leadership and Reputation

Clark Hill is a leader in the area of trust and estate practice in Michigan with a reputation for applying the latest estate planning knowledge and techniques tailored to meet your objectives and your individual family and financial situation. We are active in, and hold leadership positions with state and national organizations that are in the forefront of developments in the estate planning, probate, and tax areas. We are frequently asked to share our knowledge and experience at seminars for other lawyers, law students, and community groups and other gatherings. We represent a wide range of clients in trust and estate planning matters. We have attorneys licensed in states other than Michigan (including Florida) and are able to offer advice and solutions to our clients who may reside (full time or part time) outside of Michigan.

We are often involved In the legislative process, including drafting estate planning, probate and tax legislation, and analyzing proposed legislation.

Solid Banking and Trust Company Relationships

Clark Hill has worked with all major corporate banks and trust companies active in Michigan as well as many investment management firms throughout the United States. We also represent individuals who are co-trustees along with a corporate trustee to assist in the administration of trusts and estates.

Insight on Estate Planning Newsletter

In keeping with our tradition as Michigan's leading estate planning firm, Clark Hill publishes a complimentary newsletter, Insight on Estate Planning, six times per year. This newsletter is designed to provide the reader with an interesting and informative overview of the current trends and planning techniques utilized in this area of the law. Newsletter issues may be viewed by clicking here.

If you have any questions regarding the newsletter, or any of the articles, please contact one of the Clark Hill attorneys listed on the last page of the newsletter. If you would like to be included on our newsletter mailing list, please contact J. Thomas MacFarlane, Esq. at (248) 988-5846 or jmacfarlane@clarkhill.com.

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