Trusts and Estates
The Trusts and Estates practice group encompasses the complete range of services touching upon trusts and estates.
We assist individual clients and multigenerational families, as well as blended and LGBT families with all aspects of estate planning.
The planning process may involve the preparation of living trusts and wills, financial powers of attorney, advance health care directives, charitable trusts, special needs trusts, and irrevocable life insurance trusts.
Business and Succession Planning
We design business succession plans and offer innovative solutions to help clients plan for the death, retirement or incapacity of senior family members. By utilizing estate planning and business planning tools, we can help to minimize a client’s taxes and other expenses and provide a mechanism for the continued operation of the business for the next generation.
We counsel individual, professional and corporate fiduciaries, including bank trust departments, regarding the administration of trusts and decedents’ estates, elder law, end of life decisions and preparation of estate and gift tax returns.
Wealth Preservation and Charitable Planned Giving
For clients with taxable estates, we develop plans to transfer wealth in a tax-efficient manner through leveraged transfer techniques such as sales to intentionally defective grantor trusts, grantor retained annuity trusts, qualified personal residence trusts, and irrevocable life insurance trusts. For clients who are charitably inclined, we establish and structure split-interest trusts such as charitable remainder trusts and charitable lead trusts.
We represent individual and institutional trustees and beneficiaries in all aspects of litigation through trial related to trusts and estates including issues pertaining to trust or estate administration and court oversight, enforcement of trusts, claims to property, breaches of fiduciary duties, disputes among beneficiaries and claims of undue influence.
Specialized Trusts and Estates Practice Group Services
- Sophisticated estate planning and estate and trust administration
- Minimization of potential estate and gift tax consequences
- Family limited partnerships and LLCs
- Charitable planned giving for individuals and families
- Post-death administration
- All aspects of trust and estate litigation
- Mediation and family facilitation
- Donahue Fitzgerald Attorneys Recognized in the Best Lawyers in America© 2021 Edition, Best Lawyers in America
- Donahue Fitzgerald Attorneys Named 2020 Super Lawyers
- Business Succession Considerations Under the Tax Cuts and Jobs Act of 2017, The North Bay Business Journal
- Donahue Fitzgerald Attorneys Named 2019 Super Lawyers
- Associate Elizabeth M. Hollis Joins Donahue Fitzgerald
- An Estate Planner’s Guide to Family Law Presumptions, California Trusts and Estates Quarterly
- Donahue Fitzgerald Attorneys Named 2018 Super Lawyers
- Associates Michelle E. Hernandez and Priscilla N. Hatton Join Donahue Fitzgerald