Estate Planning; Estate and Trust Administration

For nearly half a century Bancroft & McAlister has been a leader in the field of estate planning and estate and trust administration. Two of the firm’s lawyers have been certified by the State Bar of California as specialists in Estate Planning, Trust and Probate Law and are fellows of the prestigious American College of Trust and Estate Counsel. Together with the staff of highly competent legal assistants, the Bancroft & McAlister lawyers who practice in this area provide a wide range of experience in the following areas of estate planning:

• Planning for and preparation of revocable living trusts, wills and related documents such as powers of attorney and health care directives.
• Planning for and preparation of irrevocable trusts such as insurance trusts, trusts for children and grandchildren, charitable remainder trusts, trusts creating family foundations.
• Giving advice regarding tax advantaged wealth transfer techniques such as family limited partnerships and related gift tax planning.
• Preparing gift tax returns.
• Providing income and transfer tax advice relating to all of the above.

Also, following the death of a client, the legal assistants and lawyers of the firm handle the post-death administration of a will (probate) or trust. (Since most of the firm’s estate planning clients will have a revocable living trust, probates have become less common, and the focus usually is on the administration of the trust). Post-death administration duties include:

• Working with the family to ensure that there is sufficient liquidity following the death of a family member.
• Preparing and filing of Federal and California estate tax returns.
• Supervising the preparation and filing of trust income tax returns.
• Supervising the preparation of fiduciary accountings.
• Providing post-death tax planning.
• Petitioning the probate courts where issues involving the trust, trustees, family etc. require court intervention or supervision.
• Funding sub-trusts in such a way as to minimize income and

transfer taxes.

In addition, the lawyers are frequently counselors to families on matters that go beyond tax and trust administration issues.

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