Practice Areas

 

Although Kohler & Smith focuses on the following specific areas, we would like you to know that we are a full service law firm.  As such, we are eager to speak with you about any legal or tax matter so that we may assess your situation and assist you and/or your family members.  Because we understand that time is a valuable resource, our firm offers evening and weekend hours by appointment to accommodate your busy schedule.  The following is a brief description of our main practice areas: 

 

Estate Planning

Estate planning is the process of disposing of a person's assets during life or at death.  Wills, trusts, life insurance policies, pension plans and bank accounts are some tools used in estate planning.  The general purposes of estate planning are to: (1) transfer an owner's assets to the people or organizations selected by the owner; (2) minimize the effect of taxes; and (3) allow the owner to choose an agent or trusted person who will carry out the owner's plan.

The following is a list and brief explanation of important estate planning documents that we can provide to you:

• Last Will and Testament - directs the distribution of your assets upon your death, appoints an executor to administer your estate, and appoints a guardian for your minor children (if applicable).
• Trust - legal agreement in which the trust maker transfers property to himself/herself or to another person who manages the trust for the trust maker's benefit or for the benefit of third persons.
• Power of Attorney for Assets - appoints an individual to act on your behalf in all financial matters.  This is especially important if you become incapacitated.
• Power of Attorney for Health Care - appoints an individual to act on your behalf in all health care matters if you become incapacitated.
• Living Will - authorizes your health care providers to discontinue life support in the event you are in a terminal condition or permanently unconscious state.
• Donor Registry Enrollment - serves as your consent to recover the organ and/or tissues indicated at the time of your death, if medically possible. 

Estate planning is not a one-time event but, rather, estate planning is an ongoing process.  After you have obtained a new will and/or trust, you should review your estate planning documents periodically.  This will ensure that your estate plan functions according to your desires.  The following events should prompt you to review your estate plan: death of a family member, birth of a family member, marriage/divorce, illness or disability of a family member, and passage of time.  For assistance in reviewing your estate plan, please contact us.

Elder Law

Elder law focuses on the needs of the elderly.  At Kohler & Smith, our attorneys are available to help clients with their elder law matters, including medicaid, disability, and long-term care planning, guardianships, and traditional estate planning and administration.  By planning for a client's long-term care, the attorneys at Kohler & Smith can help coordinate the use of both private and public resources to finance the client's care.
  

Probate

When a person dies owning probate property, a legal proceeding is begun: (1) to determine the last valid will of the decedent, if any; (2) to determine the nature, extent and value of the decedent's assets; (3) to establish the valid debts of the decedent; and (4) to establish the method of distribution of the assets to the heirs or beneficiaries of the decedent after payment of applicable debts, taxes and expenses.  This proceeding is known as probate.  The probate process is often complex and confusing, but our firm has the knowledge, resources, and, most importantly, the experience to guide you.   For over thirty years, the attorneys of Kohler & Smith Co., LPA have helped their clients navigate the probate process.  For assistance in probate matters, please contact us.

 

Tax Preparation and Planning

Kohler & Smith also can prepare individual, corporate, partnership, estate, trust, and fiduciary income tax returns.  For individuals, our attorneys can help you with preparation of federal, state, and local tax returns as well as personal tax planning to minimize taxes.  For businesses, including sole proprietorships, partnerships, LLCs, and corporations, our attorneys can assist you with tax planning and guidance as well as preparation of returns.  For estates and trusts, our attorneys can prepare the estate and/or trust tax return together with all fiduciary income tax return(s).  And when controversies may arise, our attorneys can review your situation and work with the Internal Revenue Service or other tax agency to negotiate settlement of your matter, and if necessary, litigate your matter before the United States Tax Court, federal district court, and through the appeals process.  For assistance in all of your personal, business, estate, and trust tax needs, please contact us.

 

Real Estate

Our attorneys can assist you with purchasing and selling commercial and residential real estate by providing services including, but not limited to, drafting and/or review of terms and conditions of real estate purchase contracts and tax issues concerning the same; zoning and deed restriction issues; attendance at real estate closing to review all documents to be signed; preparation and/or review of property disclosure statements; review of Housing and Urban Development (HUD) statements; and review of title policy and deed restrictions.

Kohler & Smith also represents clients in leasing, development, eminent domain, annexation, sale/leasebacks, land sale contracts, 1031 like-kind exchanges, foreclosures, mortgage, promissory notes, mechanic's liens, and landlord/tenant matters.  For assistance in all of your real estate matters, please contact us.

 

Business Matters

If you are self-employed or are considering starting a new business, you should consider several options in forming your business.  Many people simply start a business without establishing a separate business identity.  This creates a sole-proprietorship.  Sole-proprietors have unlimited personal liability for their business.

However, forming a partnership, corporation, or limited liability company (LLC) will allow a business owner to avoid unlimited personal liability by limiting the liability of the owner(s).  Additionally, annual business records must be maintained and business tax returns must be filed.  If you are interested in learning more about forming a corporation or limited liability company, please contact us.