Martin, Pringle, Oliver, Wallace & Bauer LLP

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Martin, Pringle, Oliver, Wallace & Bauer, L.L.P. is a regional firm with offices in Wichita and Overland Park (Kansas City), Kansas. The firm has always had a strong practice in products liability law and oil and gas law. The firm has grown to more than 35 lawyers with expertise in a wide range of litigation and transactional practices.

Martin, Pringle, Oliver, Wallace & Bauer LLP
100 N Broadway #500
Wichita KS 67202
Tel: 316 265-9311
Fax: 316 265-2955

Estate Administration & Probate

When someone dies or becomes mentally incapacitated, friends and family members often struggle to care for another's finances and sometimes their physical welfare. Martin Pringle's Estate Administration attorneys are well versed in these challenges and aid their clients in navigating the sometimes challenging maze of court, tax and trust requirements. We also recognize that these responsibilities can be personally challenging. Our team is highly knowledgeable about the variety of resources available to caretakers. We are eager to assist our clients in making estate administration as painless as possible.

Estate Administration is a term which encompasses a variety of discrete issues, which can include the following:

Administering a Trust

A successor trustee is given the responsibility of following the guidelines set out by the trust document itself, while also meeting state or federal tax requirements. We help our clients decipher the trust document and its requirements, and help them ensure that they're doing all they can to respect the wishes of the person who executed that trust. Sometimes trust administration is as simple as a tax return and writing some checks. But sometimes it can require the sale of real estate, assets and business interests, the appraisal of collections, asset protection and distribution. Likewise, we have experience representing trustees and beneficiaries in lawsuits. Our attorneys work closely with our clients to represent the interests of trustees and beneficiaries in disputing the proper administration of a Trust, sufficiency of an accounting, title to Trust assets, removal of trustees, and trustee fees.

Taxes

Tax matters are rarely as simple as we would like them to be. For example, not all tax returns can be signed by a person whose income is being reported. If a person is incapacitated, their 1040 returns will still need to be filed. A fiduciary income tax return (Form 1041) may be required. We will tell you when tax returns are due, and who has the responsibility for signing and filing them. And if you need assistance in finding a tax preparer, our attorneys can complete the tax returns themselves or help you find someone well suited to assist you. We can also guide you through understanding what circumstances necessitate a gift, estate or trust tax return, and those due dates. Our attorneys regularly prepare these returns and are well versed in advising our clients.

Probate

If someone passes away with no Last Will and Testament (also known as intestacy), or if someone passes away with a Last Will and Testament (a testate estate) but with assets which have not already been transferred to other individuals or entities, a probate proceeding is in order. The probate court's job is to review the assets of an estate, the debts which should be paid by an estate, and the final distribution of an estate. Sometimes this process is straight forward. But sometimes, it can last several months and require a substantial amount of paperwork and oversight. We help our clients take the most responsible but also the simplest path from probate start to finish.

Guardianship

Not all adults have the mental capacity to make decisions about their own physical welfare. Loved ones can find themselves needing to take action to ensure the care and safety for an impaired adult or child but then discover that they are unable to do so without the requisite legal authority. The title for legally authorized physical care of an incapacitated adult is "Guardianship." We can help our clients apply to the appropriate court for Guardianship of another, make sure that our clients understand their responsibilities in this regard, provide advice as to care options available, and help clients ensure that they file the regular updates which are required by the court.

Conservatorship

An adult with an impairment may need ongoing assistance in the care and management of their own assets. A court can appoint a "Conservator" to care for someone's financial interests and will monitor those financial interests when a Conservator makes the annual accounting report to the court. We regularly help our clients through this process so that they feel comfortable with decisions they make, and with the oversight requirements imposed by the court.

Estate Planning

Martin Pringle's Estate Planning group represents clients in need of estate planning for large and small estates. Whether your estate involves complex and closely-held family business interests or you are a young parent concerned about providing for your children should the worst happen, our attorneys can help. Thinking about what will happen when you are gone is never easy, but it may be one of the most important things you do for your family's welfare after your death. At Martin Pringle, our attorneys can help guide you through the planning process whether it's your first will or you simply need to update your existing plan. For help with the full range of estate planning or elder law needs contact one of the attorneys listed below to discuss any of these areas:

Plan Documents

We can help with any of the necessary documents, including Wills, Revocable and Irrevocable Trusts, Family and Generation-Skipping Trusts, Life Insurance Trusts, Charitable Trusts, Special Needs Trusts, Transfer on Death Documents, Do Not Resuscitate Orders (DNRs), Living Wills, Health Care Powers of Attorney, Financial Powers of Attorney, Guardianships, and Conservatorships. Additionally, our attorneys will guide you in selecting the planning documents that best meet your needs.

Maintaining Your Plan

Frequently, people will divorce, adopt, or re-marry but forget the very significant impact on their heirs and survivors. While many people live fulfilling lives in non-traditional or blended families, these special circumstances should be accounted for legally. Thus, we can draft premarital/ prenuptial agreements and post-marital/postnuptial agreements that effectively deal with the potential, and often unintended, impact that an adoption, second marriage, or divorce can have on your estate plan.

Probate Avoidance & Disputes

Our attorneys can show you how to plan in ways that help your heirs and beneficiaries avoid the expense and frustration that can, at times, be a part of the probate process. We take a comprehensive view of your estate plan and pay attention to often overlooked issues like community property, qualified retirement plans and IRAs, and deferred compensation planning. When probate is necessary or disputes arise in the process, our attorneys can answer the challenges by representing and litigating for you in the probate court whether you are a beneficiary, a fiduciary, a guardian, a conservator, a trustee, an executor, or an administrator.

Tax Planning

We can help you minimize federal and state gift, inheritance, and estate taxes. Furthermore, a large estate can create unintended tax liabilities for surviving spouses and children. Our attorneys can help you develop strategies that allow your family and loved ones the liquidity needed to deal with necessary taxes. Additionally, our attorneys can help you file federal and state estate and inheritance tax returns and gift and generation-skipping tax returns. Furthermore, we can help you navigate disputes and litigation with the taxing authorities whether it's the IRS or the Kansas Department of Revenue.

Charitable Planning

Our attorneys can counsel you regarding your desire to support community foundations, public charities, or private charitable foundations in your estate plan. We can help you form a charitable organization like a 501(c)(3) or counsel you regarding options like a Donor Advised Fund.

Asset Protection

Knowing how to protect the assets you have worked hard to build can be confusing and the potential liabilities can seem overwhelming. Our attorneys know how to protect what you have built with realistic and proven strategies while complementing your overall estate plan. We can plan and form the business entities that will serve to protect your personal assets. We help many physicians and other high net worth individuals make and execute proven asset protection plans.

Family Business & Succession Planning

Whether it's a single section or an expansive farming operation, a humble store or a sprawling complex, your family business is your legacy and our attorneys can help you plan for who will nurture and grow it in the future. Whether it's by valuation strategies, stock purchase agreements or through buy-sell agreements, you can plan for your family business to thrive and provide value to your loved ones.

Elder Law

The firm is well equipped to efficiently prepare documents implementing the client's plan for management and disposition of property and minimization of tax burdens. Our lawyers provide experienced representation in disputes litigated in probate court. In addition, we provide counsel in related mature/senior planning areas involving health care, long term care insurance, assisted living and nursing homes, Medicare and Medicaid, in-home care and end of life decisions.