Companies and individuals navigating trusts and probates are represented by Schwabe.
Easing the burden of probate and trust administration
The administration of trusts, probates, and estates can be difficult and time-consuming without experienced legal assistance. Following the death of a loved one, we help administer trusts and estates, file probates, and resolve disputes. We guide personal representatives and trustees through their roles in administering trusts and probates of various types and sizes, including preparing and filing federal estate tax returns (Form 706), federal gift tax returns (Form 709), and Oregon and Washington estate tax returns.
Resolving disputes, tax audits, and litigation
Any probate or trust administration can be the subject of a tax audit or the focus of a family dispute. Our attorneys are skilled at resolving tax issues with the IRS and Departments of Revenue at audit, on appeal, and in court. We are experienced in will contests; modification, reformation, or termination of irrevocable trusts; contested creditor claims; and fiduciary proceedings alleging breach of fiduciary duty, elder abuse, and other improper behavior.
Where necessary, we help families establish and maintain guardianships and conservatorships to care for minors and adults who need help with medical and/or financial decisions.
What our clients say
“As a health insurance agent in Central Oregon, we needed a tax and estate planning team that we felt possessed the same values that we did as ‘personal professionals’ that have the client’s best interest as the main objective. We deal with almost 1,000 Medicare-eligible people and our clients are very pleased with the Schwabe team. A grand slam as far as our clients are concerned.”
- Implementing a life insurance trust (ILIT) holding $10 million of insurance to ensure the family timber business has liquidity to pay estate taxes.
- Implementing Alaska Domestic Asset Protection Trust to ensure appreciated business assets pass tax-free to child.
- Creating Spousal Trusts (SLATs) to allow spouse to enjoy farms for life and allow them to pass tax-free to family as part of legacy after death.
- Guiding Personal Representatives of Estates through the Probate process for a taxable estate in excess of $40M.
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