Wills & Probate, Administration, and Succession (contentious & non-contentious)

Wills & Probate, Administration, and Succession (contentious & non-

Most post-death proceedings have nothing to do with disputes, but they are quite involved and must be handled carefully in order to avoid creating problems. While KMNP Law focuses their law practice on helping clients successfully resolve disputes, we are also dedicated to helping clients navigate the often confusing and detail-oriented administration process.  By properly handling or overseeing the administration duties, help one prevent avoidable disputes and the often costly and contentious litigation that can follow.

KMNP Law provides customized counseling and professional services in the areas of wealth planning and estate administration, business transactions, and real estate sales and related issues. We serve our clients in the following areas:

•         Estate Planning

•         Estate Administration

•         Business Law

•         Real Estate

Estate Planning

We prepare individually tailored estate planning documents designed to accomplish the goals of our client, avoid probate administration, and minimize any transfer tax consequences. We take a comprehensive approach to estate planning, investing the time necessary to understand our client's family dynamics, planning objectives, and financial affairs. We carefully consider income, gift, estate and generation-skipping transfer tax consequences, and provide a plan in the event our client becomes incapacitated or disabled. 

We strive to enhance creditor protection and management of family assets. We work closely with the client's advisors, including their financial planner and accountant, to ensure the estate plan comports with our client's wealth planning strategy and to coordinate beneficiary designations to assets such as retirement benefits and life insurance with the overall estate plan.

Wills & Trusts

We prepare wills, revocable living trusts, irrevocable trusts, durable powers of attorney, health care powers of attorney, living wills, and other ancillary documents.

Probate & Trust Administration

We have extensive experience in the area of probate administration, and have the experience and knowledge required to handle probate matters involving estates of all sizes and complexities, ranging from simple estates to large estates comprised of business interests, real estate and assets located in more than one state. 

The law surrounding probate can be complex, and there are occasions when an estate becomes involved in litigation.

At KMNP Law, we have extensive experience of both taking and defending these actions. We have acted for children and spouses/partners who feel that they have not been adequately provided for in Wills. We have given advice to both the personal representative and a potential claimant on all aspects of succession including:

•         Drafting of Wills

•         Extraction of Letters of Administration Intestate

•         Extraction of Grants of Probate

•         Advice on Entitlements

•         Succession Disputes

•         Probate Disputes including litigation

We advice regarding the trustee's fiduciary duties, powers and obligations; preparation of the documents necessary to effectuate the transfer of assets to the beneficiaries; and assistance in the preparation of decedent estate tax returns.

Asset Protection

We advise clients regarding asset protection and wealth preservation strategies, including limited partnerships designed to keep family assets in the family, provide for management of family assets, and to transfer family assets on a tax-favorable basis.  We also advise our clients regarding the use of Limited Liability Companies (LLCs), business protection involving the use of corporate entities, multi-generational dynasty trusts, and irrevocable trusts.

Business Succession Planning

Many of our clients own family or closely-held businesses and are contemplating retirement or the sale of the business. In addition to negotiating and preparing buy-sell agreements and other instruments, we formulate tax saving strategies for the sale of a business, utilizing planning techniques such as gifts of fractionalized interests.

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