Trusts & Estate Planning/Probate Attorneys
Marks, Finch, Thornton & Baird, LLP provides clients with a wide array of trust and estate services. The firm represents clients in the following areas:
- Estate Planning
- Business Succession Planning
- Business Succession Planning For Construction Industry Clients
- Gift And Estate Tax Analysis And Return Preparation
- Charitable Planning
- Post-Mortem Planning
- Trust Administration
- Probate And Estate Administration
- Probate Litigation
The firm’s estate planning and business succession planning services are tailored to each client’s unique situation and goals. The firm works with clients to identify and address issues related to estate and property taxes, liquidity, business and property succession, asset management, and control. The firm concentrates on facilitating the transfer of wealth to future generations and minimizing post-death disputes. Due to the firm’s representation of construction industry business owners in the firm’s other practice areas, and its understanding of the unique issues they face, the San Diego based attorneys at the firm are particularly well-suited to provide estate and business succession planning services to construction industry business owners.
The firm also represents fiduciaries and beneficiaries of trusts and estates, counseling fiduciaries regarding their duties and responsibilities in the course of a trust or estate administration, and advising beneficiaries of their rights. In addition, through a combination of the firm’s litigation experience and its knowledge of trusts and estates, the firm is uniquely positioned to litigate and resolve a multitude of trust and estate disputes.
Representative Trusts & Estate Planning/Probate Experience
Estate Plan for Married Couple with $100 Million Net Worth
2011: Devised comprehensive estate plan for married couple with $100 million net worth, incorporating estate tax minimization, dynasty trusts, life insurance trust, disability plan, business succession plan, trust committee, and no contest provisions tailored in anticipation of likely contest.
Counsel: Danielle C. Humphries and Elisha A. Harp
Estate Plan for Single Person Prior to Marriage
2011: Devised estate plan for single person engaged to be married, with goals of preserving separate property assets, making provision for children from former marriage and future spouse, and minimizing conflict among children and future spouse.
Counsel: Danielle C. Humphries
Business Continuity and Succession Plans
2011: Counseled construction business owners in devising continuity and succession plans for their businesses and satisfying bonding company requirements.
Counsel: Danielle C. Humphries and Elisha A. Harp
Estate Tax Payment Planning
2011: Represented client in devising tax-efficient plan to pay multi-million dollar estate tax.
Counsel: Danielle C. Humphries and Elisha A. Harp
Fiduciary Representation
2011: Advised corporate and individual trustees in administering complex trusts and minimizing liability related to administration and distribution.
Counsel: Danielle C. Humphries and Elisha A. Harp
Breach of Trust and Surcharge Petition Against Corporate Fiduciary
2011: Petitioned for breach of trust, removal, and surcharge against a corporate trustee, succeeding in compelling a multi-million dollar distribution and resolving the dispute in a settlement favorable to the firm’s client.
Counsel: Danielle C. Humphries, Bernard F. King III, Nowell A. Lantz, and Elisha A. Harp
Petition for Appointment of Beneficiary as Trustee of Multi-Million Dollar Trust
2011: Negotiated declination to serve of corporate trustee and succeeded in obtaining Court appointment of beneficiary as trustee of multi-million dollar trust.
Counsel: Danielle C. Humphries and Elisha A. Harp
Defend Breach of Trust and Surcharge Claims Against Beneficiary-Trustee
2011: Represented a beneficiary-trustee in defending breach of trust and surcharge claims, resulting in a settlement which preserved beneficiary-trustee’s distributive share of trust and receipt of non-probate assets.
Counsel: Danielle C. Humphries and Bernard F. King III
Business Recapitalization and Sale of Stock to Defective Grantor Trust
2010: Represented client in recapitalizing stock in closely-held S corporations and transferring stock to defective grantor trusts for clients’ children, freezing value of appreciating stock for federal estate tax purposes, and retaining control of companies in clients.
Counsel: Danielle C. Humphries
Contested Petition for Construction of Trust
2010: Successfully petitioned for a construction of the decedent’s trust which resulted in several millions of dollars passing to the firm’s client. Overcoming allegations that the trust language directed one-half of the trust residue pass to another beneficiary, the firm used extrinsic evidence to show the decedent’s true intent was that the entire trust residue pass to the firm’s client.
Counsel: Danielle C. Humphries and Nowell A. Lantz
Estate of Mary Alward Taylor San Diego Superior Court Case No. 37-2008-00152011-PR-PW-CTL
2009: The firm initiated a contest of a purported holographic codicil and successfully negotiated a settlement resulting in the firm’s client receiving the full amount she was entitled to receive under the decedent’s formal will.
Counsel: Danielle C. Humphries and Nowell A. Lantz
In Re: the Harriet Kopp Trust San Diego Superior Court Case No. 37-2008-00152626-PR-TR-CTL
2009: The firm successfully petitioned the Court for a construction of the decedent’s trust which will result in over $4,000,000.00 passing to the firm’s client. Overcoming allegations that the trust language directed one-half of the trust residue pass to another beneficiary, the firm used extrinsic evidence to show the decedent’s true intent was that the entire trust residue pass to the firm’s client.
Counsel: Danielle C. Humphries and Nowell A. Lantz
In the Matter of the Estate of Victor Manuel Andujo, Deceased Superior Court of the State of Arizona, Maricopa County Case No. PB2009-090108
2009: Three day bench trial regarding domicile of decedent and jurisdiction of probate court to administer decedent’s estate, resulting in vesting of inheritance rights by the firm’s clients in decedent’s California lottery winnings, and appointment of clients’ designee as personal representative.
Counsel: Danielle C. Humphries and Bernard F. King III
Premarital Agreement
2009: Represented client in negotiating premarital agreement and securing substantial lifetime and post-death gifts from future spouse.
Counsel: Danielle C. Humphries
Probate Trial Over Proper Jurisdiction and Inheritance Rights
2009: Three-day bench trial regarding domicile of decedent and jurisdiction of probate court to administer decedent’s estate, resulting in vesting of inheritance rights in the firm’s clients in decedent’s California lottery winnings and appointment of clients’ designee as personal representative.
Counsel: Danielle C. Humphries and Bernard F. King III
Will Contest
2008: Initiated a contest of a purported holographic codicil and successfully negotiated a settlement resulting in the firm’s client receiving the full amount she was entitled to receive under the decedent’s formal will.
Counsel: Danielle C. Humphries and Nowell A. Lantz
