AV® Preeminent™ Peer Review Rating by Martindale-Hubbell®
in Trusts and Estates, Business Law, and Taxation
With the objective of delivering the highest quality legal services in a timely manner, Brad Lushbaugh and the experienced staff at Lushbaugh Law Firm, Ltd. stand ready to serve you in the following practice areas.
Trusts and Estates
Estate planning requires careful analysis and thoughtful planning for the conservation, protection, and distribution of assets; determination of tax consequences; and preparation of precise legal documents that will help you accomplish your objectives. With more than 25 years of experience in private practice handling primarily trust and estate matters, Brad Lushbaugh will listen to your personal goals and requirements, review information regarding your assets and the documents that you currently have in place, if any, and will help you formulate and execute a comprehensive estate plan. He will also provide guidance regarding trust administration matters including, but not limited to, fiduciary duty, taxation, and distributions of property.
While more sophisticated estate planning strategies may include utilizing revocable trusts in order to avoid probate, and irrevocable or testamentary trusts for asset protection, most estate planning will at least include: a will; durable powers of attorney for financial and health care decisions; advance health care directive; asset re-titling and, in some cases, real estate transfers; and beneficiary designations for bank accounts, IRAs, annuities, and life insurance. Other issues that should be reviewed and considered include: homestead issues; spousal rights; personal representative and successor trustee selection; gifting; and, of course, beneficiary distribution provisions.
Probate should not be necessary when a revocable trust is effectively drafted, executed and funded prior to death in order for estate assets to circumvent the probate process while passing directly to the specified beneficiaries. Probate may not be necessary for some small estates, without any unpaid debts or any personal representative appointed in any state, if all of the heirs agree to execute and file an Affidavit for Collection of Small Estate by Distributee. However, when probate is necessary, Brad Lushbaugh and his staff can assist you with filing the Will, proving that it was validly executed with all testamentary formalities, providing legal notices to all interested parties, settling claims, paying expenses, and distributing property to the appropriate parties.
Business Entity Formation
Business entity formation has been a substantial part of Brad Lushbaugh’s law practice for over 20 years. Whether you are starting a new business, or need a limited liability company as part of a comprehensive estate plan, or just to facilitate a business or real estate transaction, Brad will apply his legal and tax background to ensure that the entity you select best serves your needs now and also allows for maximum flexibility in the future. Options in business entity formation include: limited liability companies; corporations; “S” corporations; professional corporations and limited liability companies; limited liability companies electing to be treated as “S” corporations for tax purposes; non-profit corporations; limited partnerships; limited liability partnerships; and other forms of closely-held business entities.
Brad Lushbaugh is able to draw on extensive transactional experience in order to provide you valuable advice on the numerous legal, tax, and financial issues that come up in the course of starting, expanding, dissolving, selling, or purchasing a business. He stands ready to provide sound advice on a variety of business law matters, including business entity selection in light of tax and asset protection strategies, as well as business transactional services in the event you desire to buy or sell a business. Legal services may include: planning and negotiating business sales or acquisitions; reviewing and drafting contracts and other transactional documents; joint ventures; business expansion; licensing; mergers and acquisitions; management agreements; operating agreements; shareholders agreements; sub-contractor agreements; employee agreements; succession planning; and avoiding disputes and subsequent litigation by carefully planning with buy-sell provisions and, alternatively, requiring mediation or arbitration before litigation.
Brad Lushbaugh routinely represents clients in both residential and commercial real estate transactions including: contracts for purchases and sales; titling issues; deeds; foreclosures; financing including notes and mortgages; commercial, residential, and farm leases, including triple-net leases; like-kind exchanges; locating land to purchase; finding prospective purchasers for land; as well as a variety of other real estate matters.
Serving Clients Throughout Arkansas
Brad Lushbaugh and the staff at Lushbaugh Law Firm, Ltd. welcome the opportunity to discuss how they may be of service to you. You may contact them at 479.521.2323 or online.