Elverson White LLC
Estate Planning | Tax | Trust | Probate | Litigation
We provide legal advice and services in the area of estate planning, from simple to the most complex. This includes drafting Wills, Trusts, Powers of Attorney, Living Wills, Special Needs Trusts, and Dynasty Trusts.
Probate, Estates & Trusts Law
We assist clients with the probate and administration of estates, as well as the distribution and administration of trusts and family assets. This includes advising trustees and executors and representing beneficiaries and heirs in protecting their interests.
We assist clients with creating and forming business entities, and provide advice to business owners on matters of compliance, taxation and ongoing obligations, including assisting clients in drafting Employment and Buy Sell Agreements.
Mergers & Acquisitions
The firm represents buyers and sellers in drafting Buy Sell Agreements, Asset Sale and Purchase Agreements, and Stock Sale and Purchase Agreements and also in closing such transactions.
We assist clients in forming non-profit organizations and thereafter applying for and obtaining tax exempt status with the Internal Revenue Service. In addition, the firm provides ongoing advise and guidance to such tax exempt organizations to assist in matters of compliance and meeting the tax-exempt organization’s continuing tax and filing obligations.
Tax Controversy & Litigation
We represent clients in disputes with the Internal Revenue Service and State Departments of Revenue from the filing, audit, and appeals stages, and if necessary, before the U.S. Tax Court and Federal District Courts. This includes, but is not limited to, disputes involving individual and business income tax, payroll tax matters, estate and gift tax, Innocent Spouse Relief, Offer in Compromise, Installment Agreements, dealing with back-tax return filing and payment, and requests for penalty abatement.
We provide professional consultation and planning related to individual, corporate, partnership, payroll, trust and other areas of income tax law and also in all matters involving estate, gift and generation skipping transfer tax matters. The firm also assists clients in tax-deferred real estate exchanges under Section 1031 of the Internal Revenue Code (“like kind exchanges”). Also, upon request, the firm assists clients in the preparation and filing of returns.
Probate and Trusts and Estates Litigation
Unfortunately, disputes arise between executors, trustees and beneficiaries during administration of trusts and estates. We understand that trust and estate controversies can be one of the most emotionally charged high-stakes family situations clients may encounter. Over the past decade, our attorney has successfully represented executors, trustees and/or beneficiaries during such litigation before the trial courts of South Carolina and Kentucky to the Kentucky Supreme Court.
Mr. White frequently assists clients in the preparation, filing and prosecution of federal estate tax returns.
Yes. Mr. White can assist you in making gifts to your loved ones by utilizing, properly, various approaches and techniques to save or even eliminate possible estate or gift taxes. Such approaches and techniques involving trusts or other business entities include, but are not limited to, (a) annual exclusion gifting with business or real estate interests, (b) setting up and funding Section 529 plans for the benefit of children or grandchildren, (c) creating and administering defective grantor trusts, (d) creating and transferring family limited partnerships or family limited liability companies to loved ones, (e) intrafamily loans, and (f) creating tax-exempt private foundations to receive your gifts.
Elverson White LLC can help you with your tax troubles. Mr. White has represented individuals, businesses, trusts, and estates in disputes with the IRS and state Departments of Revenue during audits, protests, Appeals, and U.S. Tax Court and Federal District Court litigation. The firm can represent you in a variety of tax matters including Innocent Spouse Relief Requests, Offers in Compromise, Collections, negotiating Installment Agreements, Estate Tax prosecution and defense, Claims for Refund, IRS Foreclosures, and filing back tax returns.
As people age, their financial focus shifts from taking care of themselves to ensuring their loved ones are cared for after they are gone.
Estate planning takes both of these concerns into account. Your estate plan should be organized to ensure your specific wishes are met after death. Good estate planning involves drafting a will, setting up a plan to make certain that your health care wishes are followed, and limiting potential taxes by using techniques to protect the assets you have worked hard to accumulate over your lifetime.
An Estate Plan includes Living Wills and advanced health care directives, Financial Powers of Attorney, Health Care Powers of Attorney
Wills, Testamentary Trusts, Revocable and Irrevocable trusts, Life Insurance Trusts, Grantor Trusts, Family Limited Partnerships and Limited Liability Companies, and business succession planning. If a beneficiary has special needs, your documents may also include a Special Needs Trust to ensure the special needs beneficiaries continues receiving government benefits while keeping the government from reaching said beneficiary’s trust funds.
The most common probate dispute is a will contest. When one or more provisions of the will are called into question, the disagreement may lead to litigation. Mr. White has experience in drafting, interpreting, and administering wills and trusts, as well as handling the lawsuits that arise surrounding these documents, including expert witness testimony. Our extensive experience in will construction and interpretation allows us to quickly grasp the key elements in probate litigation.
Probate litigation may also arise in cases of fiduciary negligence by a personal representative, guardian, or trustee. When a person or entity in one of these positions takes actions for their own interests instead of the person they are representing, they may have committed a breach of fiduciary duty. We represent clients in cases asserting fiduciary negligence and we also represent fiduciaries in cases defending against such claims.
Spousal claims (renunciation of a will) and the validity of creditor’s claims are also probate litigation matters. We can assist you in resolving probate litigation matters. Due to the conflict of interests involved with wills and trusts disputes it is recommended that each heir, beneficiary (specifically including a widowed spouse), and fiduciary obtain separate attorneys to ensure their interests are fully protected.