Estate Planning And Administration Successes And Victories

Notice: The following are examples of actual cases handled by this office. However, previous successes are no guaranty of the same or better success in future cases of the same or similar nature. As with all lawyers, Yahnian Law Corporation is prevented by ethics and professional conduct rules as well as insurance carrier parameters, from making and makes no guarantees of any kind regarding the results of any matter.

The Estate Planning Specialist from the leading edge

It’s a whole new ballgame. The laws have changed and so have the rules and strategies of Estate Planning. The lawmakers have informed us it’s only going to get more dynamic and perilous. Change is, as they say, ‘the only constant’. Get help from the leading edge and stay ahead of the game.

Below is a small sampling of the many estate matters we have successfully and victoriously handled:

  • On a Medi-Cal qualification issue, Yahnian Law Corporation planned and qualified an incapacitated spouse for Medi-Cal when other lawyers told the well spouse it could not be done.
  • Prepared, with very short notice, for an ill patriarch, and little time, as well as hostile family members who did not understand the objective of the plan or its parameters, a family business estate plan that stood up to IRS challenge in U.S. Tax Court. The plan we prepared thereby saved the patriarch’s family (who became the decedent’s family) 1.5 million dollars in estate taxes.
  • Advised client on the formation and organization of a new entity to conduct business. Asset preservation became important later when business liabilities resulted. Client’s personal assets were protected in a way they would not have been if client had proceeded without the assistance of Yahnian Law Corporation.
  • Asset and Estate preservation matter. Client’s husband died in an auto accident and sadly, in the process, several others also perished. Using lawful means, Yahnian Law Corporation took legal steps few attorneys are aware of to preserve the decedent’s estate for his widow. The estate was sued, but the creditors settled for liability insurance proceeds, which were substantial, in that legally, the estate was configured in a way that made it protected for the widow’s continued benefit. As a result, the widow was not left destitute nor deprived of the assets she and her husband had worked so hard for so many years to provide for their old age.
  • Client, a surviving spouse, came to us with a botched Living Trust estate plan prepared by another law firm, after her husband died. They had been hoodwinked by a financial services firm into buying a cheap living trust as well as expensive (high commission), non necessary annuities. We reviewed and analyzed the plan, then, based on that review and analysis prepared documents to modify and repair the estate plan, thereby saving the surviving spouse anxiety and later problems.
  • We have prepared numerous living trust based estate plans and handled the transfer of title to assets in order to avoid probate.
  • We have prepared Medi-Cal applications to qualify our clients for state paid nursing home care while preserving assets for the well spouse to live on.
  • Preparation of numerous business succession plans for clients seeking to transfer family business to children, provide for children not active in the business, and also to minimize taxes.
  • Creation of transfer strategies minimizing tax aspects of life insurance.
  • Client hired us to review living trust revocation and confirmation of living trust property as community property prepared by divorcing wife attorney. Upon review, we discovered that the legal documents prepared by the other attorney inadvertently tried to convert our client’s separate to community property, which would then have gone one half to the wife. Saved our client over one million dollars of separate property that would have wrongfully gone to the ex-wife upon divorce.
  • Client consulted with us to determine if the assets they were to inherit from a trust would obtain favorable tax treatment. They had been to other estate and tax advisors including CPAs with no answer nor resolution. We reviewed the trust and the law. We discovered a little known rule with respect to a  surviving spouse that died having a special type of interest in the trust. That rule combined with the trust provision allowed for favorable tax treatment to the trust beneficiaries when they inherited the trust assets after the surviving spouse’s death.
  • CPA colleague hired me to review the preparation of an estate tax return. Upon review of the tax return, I noticed that the CPA had failed to take advantage of valuation discounts and something call special farm valuation. I was able to point out nearly 4 million dollars of estate tax savings. The IRS audited the estate tax return. But, there was no tax increase. The CPA’s client saved 4 million dollars of estate taxes instead of having to pay that sum to the government.
  • CPA firm retained us to assist them in the preparation of an Estate Tax Return for a multi million dollar estate facing substantial estate tax liabilities. We reviewed the documents and the inventory and appraisal of assets as well as the CPA’s draft of estate tax return. We discovered that the CPA had failed to apply valuation discounts and farm value special use valuation which resulted in nearly 6 million dollars of reduced estate tax liability. We also assisted the CPA in determining that estate tax deferral over a 15 year period was available to the Estate.
  • CPA did not know how to determine the funding amounts and targets for a bypass trust/marital deduction trust. We made those determinations and prepared trust allocation agreement for the Estate.
  • CPA presented us with other large estates issues. We assisted the CPA in preparation of the estate tax return and related estate issues.



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