The Van Winkle Law Firm has the largest estate planning, wills and trusts law group in Western North Carolina, with seven attorneys who practice exclusively or primarily in this field. Our estate planning team counsels clients in the development and implementation of innovative, customized estate plans to preserve, protect and pass on their wealth. Throughout the process, we work diligently to minimize probate, estate, gift, income, and business taxes, and other administrative expenses. With several attorneys holding master’s degrees in Taxation and others who are Fellows in the American College of Trust and Estate Counsel, Board Certified Specialists in Estate Planning and Probate Law, and former Certified Public Accountants, Van Winkle offers clients the expertise of a group that has worked with some of the region’s most successful individuals and business owners. The firm routinely follows each of its estate planning clients to ensure that all assets – including real estate, businesses, IRAs, qualified retirement plans, stock options, securities, annuities, and life insurance – are properly integrated into their estate plans. Van Winkle also develops and implements plans for clients with special family concerns, such as second marriages or beneficiaries who are minors, have special needs, or are unable to manage assets in a responsible manner. On each project, Van Winkle works closely with the executors, trustees, and beneficiaries of the estate. By educating these individuals on the complexities of administration and the duties – and personal liability – imposed on them by law, Van Winkle helps ensure that estates are managed in an efficient and effective manner during and after their transfer.

Estate Planning Law & Administration - Types of Services

• Drafting wills, trusts, living wills, powers of attorney, and other planning documents
• Formation of living, irrevocable, and charitable trusts
• Preparation of powers of attorney
• Creation of generation-skipping bequests
• Advising of executors, administrators, trustees, and guardians
• Development of premarital agreements
• Post-mortem planning

Practice Highlights

• Prepared complex estate plan for $20 million-plus estate involving a solely-owned business. Achieved client’s goal to prepare children by first marriage for succession management of the company, while balancing the interests of second spouse. Coordinated with counsel for the company and a business attorney within the firm to maximize the value of the company for the family through a management team involving attorney, spouse, business counsel and children. Plan involved multiple trusts and powers of attorney.
• Accepted designation as attorney-in-fact and successor trustee for married couple with no children. Both clients became incapacitated within months of each other, requiring activation of powers of attorney and successor trusteeship. Arranged for and managed caregivers in the home until skilled-care setting became best option. Arranged for selection and distribution of household items among multiple family members when home had to be given up. Supervised care in skilled care facility and maintained contact with family members. Managed several million dollars in assets with investment counselor.
• Assisted three generations of clients, parent, child and grandchildren with estate-planning arrangements. Reviewed estate plan of grandparents that had been created several years ago. Created complete estate plan for child. Drafted pre-marital agreement for child about to re-marry.

Professional Memberships

• Estate Planning and Fiduciary Law Section of the North Carolina Bar Association
• Board of Regents of the American College of Trusts and Estates Council