Trusts and Estates Practice

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The last quarter century has been a time of turmoil and change in estate, trust and tax law, as witnessed by the major federal and state tax reforms since 1976. The substantive law has also undergone marked changes in New York and is under continuous review by the legislature. In addition, societal factors including second and third marriages, longer life spans, conflicted families, large amounts of inherited wealth and retirement packages, frequent litigation, and claims of liability arising from fiduciary conduct increasingly cause more and more people to turn to lawyers for professional guidance in making decisions that affect their estates.

Trusts, estates and tax law is complex. Mistakes in disposing of, managing, or investing in property can be costly. The practice demands lawyers who have in-depth, extensive and up-to-date knowledge and capabilities. Putney Twombly is positioned to handle the entire gamut of this work, from estate planning and estate and trust administration to all levels of estate and trust litigation. We provide skill and experience in these and allied areas, such as real estate law, laws governing private foundations, charitable giving, and elder law. We have in-house fiduciary tax and accounting capabilities. Our partners have long-standing relationships with many of the major trust and banking institutions in the New York metropolitan area. Our attorneys are admitted to practice in many other states. Thus, we can continue to meet the expectations of our clients when they move or when their needs extend to other jurisdictions. We are honored to count among our clients families whom we have represented for decades. We continually bring in younger attorneys who are encouraged to work with senior lawyers in representing our clients and their families. Thus our clients can be assured that there will be attorneys here who will be familiar with their matters.

At Putney Twombly, we focus our considerable resources on four areas of the law—labor and employment, trusts and estates, litigation, and corporate. In each of these areas we have assembled teams with unparalleled skills and experience—teams that can handle the most complex matters with efficiency, objectivity, personal attention, and concern for the client's bottom line.

Trusts and Estates law has been a major part of our commitment since the firm's founding in 1866. We look forward to long-term representation of each client and each client's family. Our services span the entire range of Trusts and Estates matters and include:
• Traditional Estate Planning
• Analysis of assets, liabilities and tax obligations
• Preparation of wills, revocable trusts ("living trusts"), life insurance trusts, health care directives, durable powers of attorney, spousal agreements, and trusts for minors or other persons with special needs
• Use of family limited partnerships and limited liability companies

Tax Planning

We provide tax advice in order to maximize the transfer of wealth in compliance with tax law. In this planning, we consider all relevant tax systems: income, gift, estate, and generation-skipping transfer tax, both fed-eral and state. We represent our clients before the IRS and state taxing authorities, if necessary, on tax audits and appeals.

Special Planning for the Executive

Our clients who are senior executives of public or private national or multinational companies participate in a variety of qualified and non-qualified benefit plans. Planning for them often includes:
• Analysis of alternative beneficiary arrangements and distribution techniques
• Transfer of employer's stock or stock options
• Trust arrangements for life insurance

Special Planning for the Business Owner

We often collaborate with the attorneys in our Corporate Practice to solve problems encountered by clients who are business owners. These include issues of control, succession planning, balancing of interests among family members in cases where some family members do not participate in the business, liquidity problems, and exit strategies.

Administration of an Estate or Trust

We advise individual and corporate fiduciaries on all aspects of their fiduciary duties. Often we are called on to represent beneficiaries in their dealings with fiduciaries or in court proceedings in contested matters.

Guardianship

We advise our clients on appropriate guardianships for the person and/or property of a minor child or an adult in need of a guardian. We represent our clients in necessary court proceedings and, thereafter, in the performance of their fiduciary duties.

Litigation

We collaborate with the attorneys in our Litigation Practice in representing fiduciaries or beneficiaries in controversies in court proceedings involving estate, trust and guardianship matters. This litigation is handled in house; we do not have to refer these matters to outside trial counsel. These involve, for example, will contests, proceedings seeking to surcharge or to remove a fiduciary or to defend a fiduciary facing attack, construction of wills or trust agreements, or handling objections to a fiduciary's accounting.

Charitable Giving and Family Foundations

Our attorneys are accustomed to working with our clients' accountants, investment advisors, trust officers, bankers, insurance planners, financial planners, appraisers, family office, and/or others whose skills and knowledge are needed to achieve our clients' objectives.

For a Benefactor

We counsel our clients on the tax aspects of charitable giving and the forms these gifts may take and assist in implementing their gifts. We also assist in establishing mechanisms—foundations or trusts—to allow a client's family to participate in the ongoing philanthropic plan. We advise founders and managers of private foundations on their formation, governance and maintenance of exempt status.

For the Recipient

We advise public, not-for-profit organizations on designing, marketing, implementing, and administering various types of current and deferred giving programs. We advise numerous churches, schools, hospitals and other organizations in the collection of legacies due them.