Probate, Tax & Real Estate

Wicker Smith leverages extensive expertise and knowledge to effectively represent corporations, local governments, and private individuals in all aspects regarding the purchase, sale, and development of real estate property.  We advise investors, developers, owners, and agents, among others, on myriad matters pertaining to operations, management, financing, and more.

Our attorneys are also well poised to navigate the complexities of probate matters and taxes, from probate-related issues at the funeral home to ensuring a beneficiary receives assets.

Areas of representation include:

  • Estate and Tax Planning

  • Development Work — from acquisition of a property through construction

  • Purchase and Sale Transactions

  • Property Management and Leasing

  • Workouts, Foreclosures, and Enforcement Actions

  • Title Matters

  • Litigation — including traditional litigation as well as alternative dispute resolutions such as mediation and arbitration

  • Probate — from involuntary commitment proceedings to guardianships

Successful Defense of an Estate Plan

Successfully defended the estate plan from charges of undue influence and breach of fiduciary duty by the estate planning lawyer. The remainder beneficiary charity sought to vacate the last amendment to the trust to get the whole trust because the testator’s last revision after all the testator’s friends and family had died provided for a gift to the charity and the longtime lawyer.

Vacated the Amendment to a Trust

Vacated the amendment to a trust that have the multimillion dollar mansion to the new wife as opposed to the testator’s three children. The trust was amended outside, at night, on the hood of the car immediately before the testator was taken to the ER And in included a purported valid self-proving affidavit. Discovery showed neither witness saw the testator signed the amendment to the trust and one witness for religious reasons did not take oaths.

Established Validity of a Post-Marital agreement

Prevailed at trial establishing the validity of the post-marital agreement. The surviving spouse charged that the post-marital agreement was not valid because the same lawyer represented husband and wife and the surviving spouse was not given the chance to read the post-marital agreement that waived the interest in the homestead property.

Prevailed against the US DOJ on a Novel Issue of Law

Tax: Prevailed at trial against the US DOJ on a novel issue of law. A qualified settlement fund was entitled to an multimillion tax refund upon establishing that money paid to the qualified settlement fund’s counsel was an administrative expense of the fund and thus properly deductible.