When starting a business there are numerous issues to consider. The choice of business entity, whether it be a sole proprietorship, limited liability company, partnership, or corporation, is vitally important and can have wide ranging effects on the owner’s personal liability, taxes, and business management and control. Our firm can assist you in analyzing formation options and establishing the business.
Business transactions can be complicated and can have significant tax consequences. We can assist you in buying or selling a business, preparing distributorship and dealership agreements, and various other required contracts.
An estate plan is more than just having a Will or revocable living trust. It involves crucial planning to ensure that your assets are transferred according to your wishes and that your estate can be administered efficiently and effectively, while at the same time minimizing taxes and fees. It also involves advance planning so that your assets and health care can be managed in the event you are alive, but incapacitated. It can also involve nominating guardians and trustees for your children and ensuring your beneficiary designations for retirement assets and life insurance are properly structured.
Probate is a court supervised process which takes place after a person dies to administer their estate in the event their assets are not held in a trust. Probate involves paying off creditors and transferring assets to the beneficiaries of the estate. Having an experienced attorney who can handle potential issues arising from the estate administration (such as creditor claims, issues involving real estate transactions, disputes among beneficiaries) is vitally important.
A trust is a legal agreement in which a person appoints a trustee to manage assets for a beneficiary. Trusts may be created for a variety of purposes, such as avoiding probate if doing so is advantageous, planning for incapacity, managing assets for minors or young adults, and tax planning. Our firm represents both professional and non-professional trustees in fulfilling their legal duties and obligations as trustee.
Upon a person’s death both the federal government and the State of Oregon may assess a tax on the deceased person’s estate, depending on the value of the estate when the person died. This is the case regardless of whether their assets were held in trust or not. Our firm has extensive experience analyzing estate tax issues and preparing estate tax returns.
Guardianships and Conservatorships
A guardianship is a court proceeding where a person is determined to be incapacitated and a legal guardian is appointed to make decisions regarding health care and placement.
A conservatorship is a court proceeding where a person is determined to be incapable of managing their finances and a conservator is appointed to manage the person’s finances and file annual accountings with the court.
Our firm represents clients in both contested and non-contested guardianships and conservatorships.
Real Estate Transactions
While we do not practice in the areas of land use planning or zoning, we do routinely prepare purchase and sale agreements for both residential and commercial property, lease agreements, easement agreements and deeds.
Litigation includes lawsuits in either the state or federal courts and dispute resolution utilizing private arbitration. Absent mutual agreement, parties need to resort to litigation as a means of having a third-party determine their legal rights and provide a mechanism to enforce them. We have handled a vast array of lawsuits and arbitrations; including, but not limited to, will contests, contested trust matters, breach of contract, contract reformation, boundary disputes, construction claims, actions for declaratory relief, collection suits, shareholder disputes and disputes involving limited liability company members. Thankfully, most litigation is resolved short of the court house steps. We have considerable experience in negotiating settlements, with or without mediation, favorable to our clients.