Allan G Paterson Jr
Estate Planning and Trust

A trusted family member
Cox Smith has an active estate planning and trust practice. We develop a personal relationship with our clients and have a clear view of their family concerns, and in many ways become a trusted family advisor. Although other areas of the law can be adversarial, our approach to estate and trust matters is impartial and conciliatory. When we counsel individuals and families, we are on their team. On behalf of our clients we pursue every legitimate means of reducing the transfer tax burden on our clients and regularly handle transfer tax controversies with the Internal Revenue Service and in Federal Courts.

We advise individuals on their income and estate tax matters, assist family and institutional tax-exempt organizations, and help clients develop creative strategies for tax-advantaged charitable giving, life insurance and tax minimization. Our lawyers have the human relations skills to resolve the most sensitive family issues, including guardianships and pre-marital agreements. Clients frequently tell us that they appreciate our ability to communicate complex financial and legal issues clearly, so that they fully understand all the implications of the planning process. Our role is that of a trustworthy counselor who can adapt the estate planning process to each family as needs and plans evolve.

Every estate planning concern is different and our practice is structured to do whatever is necessary to give clients piece of mind. Clients come to us by referral from existing clients, from financial professionals and from other lawyers who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization, and who have been selected as Fellows of The American College of Trust and Estate Counsel.

Estate planning
We help clients manage and protect accumulated wealth through effective tax, investment and personal planning strategies. Our lawyers develop personalized estate planning solutions that are carried out the way each client intends, maximizing financial benefits while minimizing taxes and fulfilling fiduciary responsibilities. Although our plans will provide for the distribution of assets that occurs after death, we can create a variety of trusts and lifetime gifts to shelter family assets from creditors and divorce and minimize tax impact, and establish independent asset management arrangements for convenience. Whether a wealth and estate plan involves a simple will or a series of complex business entities and trusts, we work with executors and administrators to see that all the details are handled properly, honoring our clients’ wishes while protecting their heirs.

Tax planning
At Cox Smith, our firm belief is that estate taxes are not inevitable. With sound, long-term, sophisticated planning, we strive to see that our clients pay the minimum tax required. Even if financial planning needs involve issues relating to family businesses or natural resource assets, we can handle it to maximum advantage under the Tax Code.

The tax strategies that we craft make legitimate application of all the advantages allowed under law, and encompass effective ways to:
* Estimate and minimize estate tax liability exposure.
* Create a variety of trusts and lifetime gifts to shelter family assets and minimize tax impact, such as revocable living trusts, charitable trusts, grantor retained annuity trusts, qualified personal residence trusts, insurance trusts and generation-skipping trusts.
* Diversify investments in ways that structure the estate to qualify for payment of estate taxes during an extended period of years.
* Planning charitable strategies that provide benefits to families and selected charities.

Estate administration
Whether a wealth and estate plan involves a simple will or a series of complex trusts, our lawyers work with executors and administrators to see that the details are handled properly, carrying out client wishes with minimum cost and maximum efficiency. Business owners, physicians, lawyers and other professionals, entrepreneurs, investors, executives and their families all trust us to respect their unique concerns and wishes and to address them within legal requirements for executors, trustees, guardians, heirs, and beneficiaries. Our services include probating the will, preparation of the federal estate tax return, and analysis and advice regarding post death options such as qualified disclaimers, Section 2032A, Section 6166 and alternate valuation elections.

There are times when conflicts may seem inevitable in administering an estate plan, but we make every effort to defuse controversy and avoid litigation. Our role is to serve our clients as intermediaries who can get everyone – heirs, fiduciaries, creditors, taxing authorities – talking to resolve their differences.

Family relationships
Clients turn to our lawyers to prepare powers of attorney, healthcare powers of attorney, directives to physicians and other special documents related to family concerns. We also can assist clients with pre-marital agreements, including property characterization issues, liability for taxes and support obligations in the event of divorce. If a child, spouse or other beneficiaries who cannot manage their own affairs need special care, we will handle sensitive guardianship issues. Family businesses pose special estate planning challenges, and Cox Smith is experienced in all aspects of business succession planning that handle intergenerational issues of control with tact and sensitivity.

Institutional and personal foundations
We represent many public charities, private foundations and charitable trusts, helping them see that their organization and structure meet all Tax Code requirements for tax-exempt status. Our lawyers make status applications to the Internal Revenue Service, secure letters of determination, and respond to audits and inquiries involving Section 501(c)(3) charitable and 501(c)(4) social welfare organizations.

We prepare unique trusts to address estate planning needs. These include charitable lead trusts and charitable remainder trusts to handle tax-deductible gifts to various charitable organizations. Our lawyers complete the details to qualify tax-exempt status for contributions to qualified domestic trusts, grantor retained annual and anuity trusts, special needs trusts for family members requiring long-term care arrangements, and charitable trusts that combine effective charitable giving and tax management strategies. Our goal is to help our foundation clients to pursue all the activities and advantages that Congress has provided for in the Tax Code.

Fellow - American College of Trust & Estate Counsel

Allan G Paterson Jr
Cox Smith Matthews
112 E Pecan St #1800
San Antonio TX 78205-1521
Tel: 210 554-5521
Fax: 210 226-8395
E-mail: apaterson@coxsmith.com

Related Practices
- Estate Planning and Trust
- Tax
- Family Owned and Closely Held Business

Related Industries
- Families, Individuals and Estates
- Non-Profit Organizations

Board-certified in estate planning and probate law by the Texas Board of Legal Specialization, Allan Paterson assists clients with estate planning and estate administration and in matters relating to trusts, guardianships, federal estate and gift taxation, charitable foundations and business succession plan. A frequent speaker on estate planning and administration issues at seminars and conferences, Allan strives to provide clients with a clear understanding of the various options in estate planning and to offer strategic guidance in selecting the right option for their needs. Highly regarded by his colleagues and clients, Allan brings more than four decades of experience to the firm’s estate planning, probate and wealth transfer practice area.
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