This area represents the firm's core area of concentration and is one in which the firm has developed a reputation for a great level of expertise.  This area of the law is currently experiencing unique changes thanks to modifications of the tax code and the firm specializes in making those changes advantageous to its clients.  The firm provides legal services in connection with the preparation of both simple and highly sophisticated estate plans which includes the preparation and implementation of:

• Grantor revocable trusts together with pour-over wills
• Grantor retained annuity trusts
• Irrevocable asset protection trusts
• Charitable trusts, including charitable lead annuity trusts, charitable remainder unitrusts and charitable remainder annuity trusts.
• Family limited partnerships which are a vehicle for reducing federal estate taxes and preserving family real estate and family businesses
• Gifting programs for the further reduction of federal estate taxes
• Plans to protect assets in the event of catastrophic illnesses
• Private foundations
• Durable powers of attorney for both financial affairs and health care
• Living wills

In this area the firm also specializes in providing comprehensive advice and counsel for estate and trust administration, assistance to personal representatives and trustees on day-to-day activities and decisions, preparation of U.S. Estate Tax Returns and Nebraska Inheritance Tax and Estate Tax Returns, and administration of trusts to facilitate the continuation of family businesses and farms, including troubleshooting future problems and conflicts.  To get an idea of what estate planning arrangement would work best for you, you can start by downloading an estate planning questionnaire (pdf) from this website.  Once you have reviewed the information on that questionnaire, we encourage you to call our office and set up a conference to discuss your unique situation in more detail.

This firm has focused on providing its clients with effective legal advice in business and
transactional matters such as:

• Business formation, including partnerships, corporations, limited liability companies, and
  family limited partnerships
• Commercial leases
• Non-compete and non-disclosure agreements
• Licensing agreements
• Buy/Sell agreements and other business succession documents
• Review, revision, and negotiation of third party contracts
• Employment documents including independent contractor agreements
• Joint venture agreements
• Financing documents, including guarantees, promissory notes and security agreements Indemnification agreements
• Escrow agreements
• Releases
• Business negotiation
• Perform legal audits
• Purchase and sale of businesses

In advising clients on business law and farm planning, the firm places a strong emphasis on tax planning and finding the most advantageous structure for the client in connection with the business transaction or opportunity. The firm also looks to use business entities to accomplish goals such as preserving family ownership of business assets in succession planning.

The firm's practice includes assisting both individuals and businesses in negotiations for sale or acquisition of real estate, including preparing the agreements and overseeing each step of the transaction. It also aids in the accomplishment of tax-deferred tax exchanges under Section 1031 of the Internal Revenue Code. Similarly, the firm represents and advises clients on the structuring and restructuring of financial arrangements in connection with the client's acquisition and disposition of personal, business, commercial and farm real estate as well as the purchase or sale of businesses, whether they be asset or stock transactions.

The firm routinely provides legal opinions, for the benefit of lenders, in complex commercial transactions as to:

• CorporateILLC borrower, lender, and/or guarantor legal existence;
• CorporateILLC borrower, lender, and/or guarantor authority;
• Validity and priority of security instruments under state law;
• Validity and enforceability of loan documents including promissory notes and guaranties Review of title insurance policies

Bankruptcy law and representation of creditors in debt reorganization continues to be a major practice area for the firm.  The firm engages in advising and counseling clients on debt restructuring for personal, consumer, business and farm indebtedness.  This includes extensive experience in representation of clients in Chapter 7, 11, 12 and 13 bankruptcies and counseling on the advisability of liquidation or of reorganization of debts.  Our representation includes advising clients on the procedure and requirements for each type of bankruptcy and then giving our advice on which type of bankruptcy is appropriate given the circumstances.  Potential clients should be advised that this process starts with an initial consultation and requires that the client fill out a questionnaire for either themselves (questionnaire, non-business) or their business (questionnaire, business) which can be conveniently downloaded below.

• Questionaire, non-business (pdf)
• Questionaire, business (pdf)

The firm engages in the practice of analyzing whether our clients are eligible for the protections of Chapter 12 and would be benefited by utilizing these code provisions. Additionally, the firm represents clients in non-litigated reorganizations of debt structures in financial transactions with lending institutions such as FmHA, Farm Credit Banks and savings and loans.

The firm’s practice in this area also includes the representation of creditors in currently pending bankruptcy litigation, as the firm works to ensure that the creditor’s rights are adequately protected in the bankruptcy.

The firm’s practice in this area focuses on all aspects of the important area of Elder Law including disability planning, estate planning, long-term care insurance, long-term care planning, Medicaid, medical directives, Medicare, nursing home concerns and social security.  The firm also gives advice and assistance regarding guardianships and conservatorships which includes commencing and terminating these proceedings and filing annual reports on behalf of the protected person.

The firm’s clients include a city of the second class for which we provide advice and representation on all aspects of municipal corporation law including the drafting and enforcement of ordinances. 

The firm has formed a number of foundations and non-profit organizations and advises these clients on a regular basis.  This assistance includes preparing applications to the IRS for tax-exempt status as 501(c) organizations under the Internal Revenue Code.

The firm also engages in the representation of fire protection districts and volunteer fire departments on all aspects of their operations.  This includes representing fire departments and non-profit corporations regarding charitable gaming activities such as pickle cards, bingo and keno. 

The firm’s litigation practice consists of representation of individuals and businesses of all types and sizes in all of the state and federal courts located in Nebraska.  The firm's major areas of emphasis are:

• Estate and Trust disputes
• Personal Injury litigation
• Commercial civil litigation, including contract disputes, trademark infringements, non-compete agreements, collections, employer/employee relations, discrimination claims
• Products Liability
• Debtor-Creditor rights and reorganizations under the bankruptcy code for individuals and businesses

Our representation of clients in the domestic relations practice area consists of representation in modifications, adoptions, change of name, and the preparation and execution of pre-marital and post-nuptial agreements.

The firm counsels and advocates for clients in all aspects of federal and state employment law, including matters pertaining to Title VII of the Civil Rights Act; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Equal Pay Act; Nebraska Fair Employment Practices Act; the Family and Medical Leave Act; the Occupational Safety and Health Act; the Fair Labor Standards Act; Nebraska Wage Payment and Collection Act, workers' compensation and human resources management. Additionally, the firm works closely with its clients to develop effective and manageable employee policies, which includes carefully drafted employment agreements and handbooks.