Who Needs an Estate Plan?
People put off estate planning for various reasons: they feel they don't have enough assets to make it worthwhile, the topic makes them uncomfortable, or they simply don't see the need. The reality is that every adult needs an updated estate plan, regardless of the size of their estate.
Estate planning is particularly important for the following groups:
• Parents with minor children, to ensure the children's financial
support and that they will be cared for by the people their
• Parents with special needs children of any age.
• Adults in a second marriage who have children from a
previous marriage, in order to ensure that both a surviving
spouse and adult children receive the assets the grantor
intends to leave them.
• Business owners, to ensure that their business survives and
passes into the right hands.
• Unmarried adults who wish to leave part of their estate to a
partner or other unrelated person.
• People who want to leave part of their estate to a favorite
charity or organization.
• People who want to maximize the assets received by their
loved ones and minimize taxes paid to the government.
• People who would like to have control over their own medical
decisions, even if they become incompetent or disabled.
• People who want to preserve family relationships and avoid
fighting over their estate when they are deceased
Because all clients and families are different, we offer a variety
of services with which to customize each estate plan and meet
our clients' individual needs. Our extensive experience in this
area allows selecting the tools that will achieve our clients'
goals with the least expense and fewest complications.
Among the services we offer are:
• Wills: This document communicates to your heirs and the
probate court how you wish to dispose of all assets in your
name that do not have a designated beneficiary.
• Medical Directives and Living Wills: These directives
instruct healthcare providers on medical treatment you should
receive if you are no longer able to communicate that information yourself. Medical directives can also appoint
someone to make medical decisions on your behalf if you
• Revocable and Irrevocable Trusts: These mechanisms are
useful for protecting assets from creditors, directing how they
are to be used both during your life and afterward, and helping
them pass from grantor to beneficiary outside of the
• Asset Protection Planning: For clients with significant
assets, this type of comprehensive plan minimizes tax burden
while allowing control of assets and access to the income
• Financial Power of Attorney: This directive gives an
individual you designate the power to handle financial matters
on your behalf if you are incapacitated.
• Planned Giving: For clients who wish to leave assets to a
favorite charity or organization, planned giving can allow the
realization of tax benefits now while maintaining use of or
income from the asset until death.
• Medicaid and Long-Term Care Planning: Proper planning
puts in place insurance and other tools to provide for needed
nursing home or long-term care, without draining assets
intended for the use of loved ones.
• Succession Planning: For those clients who have spent
years building a business, succession planning ensures a
smooth transition between their own management and their
chosen successor, avoiding waste and preserving assets.
• Retirement Planning: Moore, Lewis & Russwurm, P.C. helps
clients plan for a reliable income stream in retirement through
the use of tax-free and tax-deferred retirement accounts,
annuities, and other strategies.
• Tax Planning: Our attorneys keep abreast of the ever-
evolving tax code so that we can help our clients protect their
income and assets from being consumed by tax obligations.
Guardianships and Conservatorships: If a loved one is no
longer capable of managing their personal or financial affairs,
we can assist in getting a guardian or conservator appointed to
take care of those matters.
• Prenuptial Agreements: Prenuptial agreements are a
common and helpful estate planning tool, and are especially
useful to clarify goals and expectations in second marriages
when the parties have children from previous relationships.
Moore, Lewis & Russwurm, P.C. regularly represents both
businesses and individuals in real estate transactions,
including purchases, sales, leases and rentals. We understand
that for many of our clients, such transactions are
tremendously significant on both a personal and financial level.
Because real estate transactions can be very complex, our
firm prides itself on attention to the minute detail in
negotiating, drafting, and reviewing real estate agreements.
Our focus is on protecting our clients' interests and ensuring
that they receive the best possible value in their
real estate transactions.
While our transactional real estate work is geared toward
minimizing difficulties for our clients in their purchase or sale of
real estate, we understand that from time to time, real estate
disputes do arise. In those cases, our knowledgeable and
experienced attorneys are available to negotiate or litigate to
resolve any contested issues.
Residential Real Estate
For most homeowners, a real estate purchase is the largest
transaction in which they will ever take part. At the same time,
most individuals will only participate in a few real estate
transactions in their lifetime. It is essential to have the counsel
of knowledgeable professionals who deal with such
transactions every day.
Whether a homeowner is buying or selling, there are usually a
great many details that can be negotiated to improve the
outcome of the transaction. Our attorneys know what to look
for, understand what is negotiable, and work diligently to
secure the best possible deal for their clients.
Our attorneys can help with negotiations, transactional
documents and disputes concerning:
• Sale terms
• Review of mortgage documents
• Post-inspection contract modifications
• Drafting of leases and rental agreements
• Negotiating easements and rights of way
• Structuring short sales
• Resolution of boundary issues
• Construction and contractor agreements
• Structuring and review of financing agreements
• Land contracts
• Resolution of title issues
• Farm and agricultural land
Commercial Real Estate
Commercial real estate often has special requirements and
restrictions, and businesses seeking to acquire or sell
commercial real estate do well to secure knowledgeable
counsel for their transactions.
We are familiar with all aspects of commercial real estate
transactions, from preparing a purchase offer to closing. We
offer our clients in-depth understanding of the workings of both
small-and large-scale commercial transactions, whether for
unimproved land or an existing developed property.
In addition to assisting with negotiating transactions, securing
financing, drafting contracts, and representing our clients at
closing, we also offer legal support in post-closing matters
such as development and construction, refinancing, and
leasing of the property.
Our experience and capabilities in commercial real estate
• Collaborating with clients to develop business strategies and objectives for real property
• Advising clients on acquisition and development of real estate
projects of all sizes
• Structuring property ownership and financing transactions with
the use of business entities such as limited liability companies
• Reviewing and analyzing contracts for construction,
engineering, and architectural services
• Due diligence reviews
• Refinancing and restructuring of non-performing financing
• Negotiating and drafting development agreements and
• Negotiating and drafting agreements with regard to easements
and restrictive covenants
• Farm and agricultural property
We will assist you in planning for your final needs, planning for your family's future and protecting your assets.
Contact us today to schedule an