- Business Planning
- Mergers and Acquisitions
- Estate Planning
- Estate and Trust Administration
- Trust and Estate Litigation and Dispute Resolution
- Fiduciary Representation
- Federal and State Income Taxation
- Federal and State TaxControversies
- Not-for-Profit Organizations
- Employee Compensation and Retirement Planning
- Guardianships of Incapacitated Persons
The Firm's practice extends to major areas of law relating to the representation of corporations, business enterprises, family enterprises, and individual entrepreneurs and professionals. Due to the nature of our practice, we routinely serve as general counsel to individuals, families and businesses working hand-in-hand with a team of advisors to provide the highest level of legal advice.
The Firm provides advice and consultation in connection with the formation of business entities, prepares and negotiates corporate Shareholders Agreements, Limited Liability Company Operating Agreements and Partnership Agreements, structures and implements corporate redemptions and stock reclassifications, and assists in the planning for liquidations, dissolutions and terminations of all types of business entities.
Mergers and Acquisitions
The Firm counsels and represents clients in acquiring and selling businesses, ranging from manufacturing, wholesale distribution, specialty retailing, energy, technology start-ups and professional services. In addition, the Firm structures new business ventures and business separations, spin-offs, split-offs and reorganizations.
The Firm’s estate and trust practice includes counseling families, businesses, entrepreneurs, executives, fiduciaries and charitable organizations in conserving, transferring and managing substantial assets. We provide a full range of estate planning services, including preparation of sophisticated wills and trusts, business succession planning, generation-skipping transfer tax planning, the implementation of lifetime gifting programs and special needs planning.
Estate and Trust Administration
The Firm represents fiduciaries in the administration of estates and trusts. We are experts in the preparation of federal and state estate tax returns and fiduciary income tax returns. We also advise fiduciaries on the probate process, compliance with complex federal and state tax laws, and on the many decisions, whether or not of a legal nature, that must be made during the long and often confusing process of estate administration or during the term of a trust.
Trust and Estate Litigation and Dispute Resolution
The Firm is regularly involved in cases pertaining to disputes within families regarding contested wills, trust administration, challenged gifts and forced inheritance laws. In addition to litigating these cases, we have successfully negotiated resolutions of such disputes in creative, tax-efficient ways that minimize family strife, expense and publicity.
The Firm regularly represents fiduciaries who owe duties to a class or group of persons, e.g., the executor or executrix of an estate to the beneficiaries; a trustee to the beneficiaries (income and principal) of a trust; the administrator of an ERISA plan to the plan participants; or corporate directors and officers to the corporation. We have obtained successful results in a variety of matters, including suits alleging a breach of fiduciary duty or asserting claims for benefits or moneys due under the terms of a particular instrument or plan.
Federal and State Income Taxation
The Firm has substantial expertise in income tax planning for individuals, corporations, partnerships, limited liability companies, tax-exempt organizations and other business entities. In addition to providing sophisticated tax analysis, we draft and negotiate the appropriate agreements, including buy-sell agreements, partnership agreements and LLC operating agreements.
Federal and State Tax Controversies
The Firm regularly represents clients before the Internal Revenue Service during all phases of a tax audit, including drafting and negotiating protests before the appeals office and in litigation before the United States Tax Court, as well as all federal trial and appellate courts. Our attorneys also represent clients in state tax audits before state tax agencies and local tax officials by briefing and negotiating state and local tax issues and litigating before all state trial and appellate courts. The Firm works with clients from the inception of an audit to develop an audit strategy and to manage the audit (including multistate audits) to obtain favorable results through settlements or through administrative hearing and judicial resolution when necessary.
Arising in part from its representation of wealthy individuals and families, the Firm conducts a very active not-for-profit client practice and advises many charitable institutions and private foundations.
Employee Compensation and Retirement Planning
The Firm assists and advises clients on a variety of employee benefits and executive compensation matters. Specifically, our lawyers regularly handle the full range of issues that affect 401(k) plans, profit sharing plans, ESOPs, and pension plans (including cash balance and other hybrid pension plans), non-qualified deferred compensation and executive compensation plans, health and welfare benefit plans, employment agreements, and fringe benefit plans.
Guardianships of Incapacitated Persons
When elderly individuals become incapacitated and are incapable of taking care of themselves, a Complaint may be filed with the Court to appoint a guardian of the person and/or estate of that individual.
After the Complaint is filed, the Court will hold a Guardianship hearing and render its decision as to the incapacity of the subject individual. If the Court finds the individual to be incapacitated it will determine who shall serve as guardian. The appointed guardian is then responsible for making personal, medical and financial decisions on behalf of the incapacitated individual. This authority may be limited and must be in the best interests of the incapacitated individual.
Guardianship actions are most commonly brought when an elderly individual suffers from debilitating dementia or when an individual with special needs reaches the age of majority. Some guardianship matters are contested, either by the alleged incapacitated individual or by another interested party who may object to the appointment of a particular individual as guardian.
A Conservatorship is similar to a Guardianship but does not require that an individual be declared incapacitated. In these cases, the Court would make a determination that the individual’s ability to make proper decisions regarding his or her personal or financial affairs is impaired and the individual needs a caregiver. Unlike in a Guardianship proceeding, if the allegedly incapacitated person objects to the appointment of a Conservator, the matter cannot proceed.
Whether you are seeking a Guardianship or Conservatorship, Mantell, Prince & Reynolds, P.C. will skillfully counsel you through the entire process.