Trusts & Estates

The attorneys in the Trusts and Estates Practice Group of Gilbert, Harrell, Sumerford & Martin, P.C. have counseled generations of Georgia families on developing estate plans to facilitate the transfer of wealth.  Our attorneys seek to coordinate sophisticated tax planning and strategies that best work with a family's particular dynamic.  Lawyers in this group include those who regularly lecture at seminars on estate planning, are the Past Presidents of the Fiduciary Law Section of the State Bar of Georgia, and are members of the American College of Trust and Estate Counsel.

Estate Planning

Our estate planning attorneys focus on preparing wills, trusts, Advance Directives for Health Care, General Durable Powers of Attorney and other instruments to insure a client's desires are met while addressing estate and gift tax, generation skipping transfer tax and income tax issues.  Our carefully crafted estate plans are also designed to address the issue of potential future incapacity of an individual, and provide a plan for the aged or aging. 

Our attorneys also have extensive experience in planning involving the use of Irrevocable Life Insurance Trusts (ILITs), Grantor Retained Annuity Trusts (GRATs), gifts of fractionalized interests, and Sales to Intentionally Defective Grantor Trusts (IDGTs).  Due to the nature of real estate in our area, our firm frequently utilizes Qualified Personal Residence Trusts (QPRTs) to leverage the transfer of the principal residence or vacation home.

Probate and Trust Administration, Conservatorships, Guardianships

Our firm represents individual and corporate fiduciaries in the probate process and the administration of trusts.  Our attorneys have the knowledge and expertise to effectively handle the administration of large and complex estates, including estates involving significant wealth, interests in ongoing businesses, and assets located in multiple states.  Our attorneys also represent clients in connection with conservatorship and guardianship proceedings.

Trust and Probate Litigation

When necessary, our lawyers represent fiduciaries and beneficiaries in contested probate and trust matters, drawing on the resources of our Trusts and Estates Practice Group and our Litigation Practice Group.  Our attorneys provide comprehensive trust and estate litigation and mediation services, including representation in connection with challenges to the validity of an estate planning document, allegations of a breach of fiduciary duty or estate mismanagement, challenges to accountings, claims by beneficiaries and family disputes.

Asset Protection and Business Succession Planning

In today's litigious society high net-worth individuals face an increased risk of exposure to liability.  The attorneys in the Trusts and Estates Practice Group 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, to educate family members, and to transfer family assets on a tax favorable basis.  Our lawyers also advise clients regarding Limited Liability Companies (LLCs), business protection involving the use of corporate entities, multi-generational dynasty trusts and irrevocable trusts. 

Our estate planning attorneys frequently advise clients regarding the sale of a business, working in tandem with our Corporate Law Practice Group and the client's other advisors to formulate tax savings strategies for the sale or transfer of a business.

Charitable Planning

Our clients regularly seek to meet their charitable intent through the use of Charitable Remainder Trusts, gifts to Community Foundations, establishing Private Foundations and establishing supporting organizations.  

Seek Experienced Legal Counsel

Trust and estate matters are complex and require counsel with extensive estate planning and taxation experience.  The attorneys in the Trust and Estates Practice Group have the knowledge and experience to successfully represent your interests.  Contact Gilbert, Harrell, Sumerford & Martin, P.C. for a consultation.