Estate Planning & Trust Litigation

Estate Planning | Estate Administration | Probate Litigation

Protecting family members and preserving wealth rank among the most important measures to prepare for the future. Rutter Hobbs & Davidoff handles the full spectrum of estate planning matters, from drafting wills and trusts to litigating complex trust matters. Our expertise in estate, gift, and fiduciary income taxation allows our clients to minimize the impact of taxes in transferring wealth to the next generation. We coordinate with our clients' banks, trust companies, accountants, and other professional advisors to create comprehensive and effective plans.

Our attorneys appear in court for trials and other contested proceedings on a weekly basis in Los Angeles County courts. Our deep knowledge of probate and trust law and procedures, combined with equally deep knowledge of estate and fiduciary income tax law, enables us to deliver an unparalleled level of service and skill to each case.

Our Services

Trust and Estate Proceedings

• Uncontested and contested probate and trust administrations
• Represent fiduciaries, beneficiaries and creditors in disputed trust and estate matters involving controversies over fees, ownership issues, creditor issues, and breach of trust and will contests
• Experienced in California and federal trial and appellate courts

Wills, Trusts, and Family Wealth Transactions

• Preparation of wills and trusts
  • Grantor Retained Annuity Trusts ("GRAT")
  • Qualified Personal Residence trusts ("QPRT") and other methods to transfer residences to family members
  • Life insurance trusts ("ILIT") and innovative uses of life insurance for estate planning
  • Split-interest charitable remainder trusts and charitable lead trusts
  • Defective income trusts (irrevocable grantor trusts) and Crummey power trusts
  • Generation-skipping trusts and family dynasty trusts to transfer a family's assets to multiple generation levels  
• Representation in fiduciaries administering wills and trusts, and asset distribution
• Protection and preservation of intellectual property assets of decedents
• Treatment of non-U.S. citizens as beneficiaries and fiduciaries
• Family limited partnerships ("FLP") and family limited liability companies
• Establishing and operating private foundations and nonprofit corporations, and structuring charitable gifts
• Sale of assets to grantor trusts

Complex Conservatorship and Guardianship Matters

• Representation in conservatorships and guardianships for adults and minors who need assistance managing themselves or their assets
• Assistance with choosing a conservator, conservator termination, and conservatee / ward rights

Family Business Succession Planning

• Succession planning to multi-generational levels through the use of trusts, gifting, sales and shareholders' agreements
• Structuring family-owned businesses to be income tax efficient and to facilitate transfers of ownership to younger generations with reduced or no estate taxes
• Installment notes and self-canceling installment notes ("SCIN") to sell assets to family members  
• Preparation of business buy-sell agreements, cross-purchase trusts, and other business-succession arrangements
• Counsel regarding planning and corporate control issues for family and closely held businesses

Tax Matters

• Minimization and elimination of taxes through the use of specialized trusts, GRATs, installment notes, sales, QPRTs, charitable gifts, private foundations, FLPs, and LLCs 
• Prepare estate and gift tax returns
• Advise regarding the preparation of fiduciary income tax returns
• Represent clients in IRS audits and tax court proceedings
• Obtain private letter rulings from the Internal Revenue Service

Related Legal Services:

• Taxation
• Corporate & Securities

Contacts:

Terence Nunan