Estate Planning

Brett Gibson works closely with individuals and families in planning the transfer of assets at death, while minimizing taxes and administrative burdens. Proper estate planning can provide security for a surviving spouse and children, reduce or eliminate death taxes, and even eliminate probate when advantageous.

Brett Gibson works with families to make sure that assets are available for the future health care and education needs of minor children. Parents can also decide who will take care of their children if something happens to them, who will manage their child’s assets, and at what age the child will receive their full inheritance.

The special needs of each client are explored in detail to craft a plan that makes the most sense for the client. Estate planning can be easy and fun, reduce taxes, and prevent a lot of potential problems. Consider the following consequences of failing to plan:

• If your spouse dies without a will and is survived by children, you will only inherit 50% of the net estate.
• If your spouse dies without a will and is survived by children from a previous marriage, and you did not have children together, you will only inherit 25% of the value of any real estate.
• If both you and your spouse have children from a previous marriage, and all of your assets are jointly-titled, then either your children, or your spouse’s children, will inherit nothing, depending on who dies first. The survivor’s children will inherit 100%. You can preserve your children’s inheritance through proper planning.
• If you die leaving minor children, a Judge will determine their guardian. You can make this decision by designating a guardian through a will or trust.
• If your estate has $4,000,000 in assets, your estate would owe $924,600 in federal estate taxes. With proper planning, your estate would owe NO federal estate tax.
• If you become incapacitated, it may become necessary for a court to appoint a guardian over your person. You can avoid unnecessary court proceedings and designate the person of your choosing through a Health Care Power of Attorney.

Domestic Partners

Brett Gibson works with domestic partners to accomplish the following:

• Relationship Planning. Represent domestic partners, including gay and lesbian couples, in defining and protecting the property rights in their relationship, including drafting Cohabitation Agreements.
• Living Trusts. Represent domestic partners in utilizing Living Trusts to manage their assets during life and plan the transfer of their assets at death, while maintaining privacy and protecting their partner.
• Health Care Planning. Assist domestic partners in preparing for possible incapacitation through the preparation of health care powers of attorney, general powers of attorney, and living wills.

Probate Administration and Litigation

Brett Gibson has extensive experience in probate matters, including will contests and litigation. He represents both personal representatives and heirs in the following areas:

• Probate and Transfer of Assets. Assist clients in the efficient transfer of assets in probate proceedings.
• Executors and Personal Representatives. Represent Personal Representatives in executing their duties, determining claims, and distributions to heirs.
• Litigation. Successfully represented clients in probate litigation, including the challenge of prenuptial agreements. Represent clients in will and trust contests, tortuous interference with inheritance, and obtaining spousal elective shares.