Robert S MacIntyre Jr

/Home/Probate & Estate Attorneys: Houston TX

PRACTICE AREAS
* Probate, Wills and Trusts Litigation
* Guardianship Litigation
* Estate Planning and Administration
* Civil Litigation

The attorneys at MacIntyre & McCulloch deliver legal services to a wide range of business and individual clients: financial Institutions involved in or with interest in the disposition of wills, trusts and estates; individual trust beneficiaries, as well as corporate fiduciaries, in their respective roles as guardians, trustees, administrators and/or executors of trusts and estates; individuals within a family seeking representation in court or assistance with estate planning or administration; and businesses and executives seeking representation or counsel in a civil litigation matter.

Estate Planning and Administration

MacIntyre & McCulloch provides a full range of estate planning and probate services. We draft wills and living trusts for management continuity and tax savings in future generations, and also help individual and corporate executors and trustees administer a decedent’s estate and trusts efficiently and cost-effectively.

Many of our trusted family relationships are decades old and it is common for our attorneys to work with multiple generations of a family over the course of decades. We counsel on the most sensitive personal family tax issues, from those involving marital disputes and succession planning to executive compensation and retirement plans We work with clients to form charitable remainder and lead trusts, as well as to structure gifts and bequests to charities. And, when necessary, we represent clients in adversarial proceedings with the Internal Revenue Service.

Estate Planning

We tailor estate planning to individual needs. You will be encouraged to articulate your unique desires and goals and to have an appropriate estate plan created to fit these stated objectives. Though not an exhaustive list, examples of various estate planning devices which may be considered include the following:
* Wills
* Living trusts
* Life insurance trusts
* Declarations of guardians for both incompetent adults and children
* Educational trusts
* Gift trusts
* Special needs trusts for the disabled
* Charitable trusts
* Irrevocable trusts for specific purposes

By taking steps to establish an estate plan, you can control who receives your probate assets and when. Failure to act in the establishment of an estate plan allows the laws of the State of Texas to determine who receives your probate property, which may not be consistent with your wishes and can often be much more expensive. By acting now, the lawyers of MacIntyre & McCulloch can assist you in preventing these negative results and retaining control over your property.

Administration of Estates

Our lawyers collectively possess decades of experience in the issues related to administering the estate of a deceased person. We have extensive backgrounds that provide us with unique abilities in representing executors, administrators, beneficiaries and creditors. On a regular basis, our lawyers are retained to represent individuals and corporations who are serving as executors. We are often hired by beneficiaries to provide knowledge and guidance with regard to the beneficiary rights as well as the responsibilities of the executor or administrator. Creditors presented with a demand to present a claim or who are told the estate cannot pay an obligation often seek professional guidance from MacIntyre & McCulloch to protect their interests.

We represent individuals and corporations from across the country on issues dealing with estates administered in Texas. We often work in the surrounding counties of Galveston, Montgomery, Fort Bend, Brazoria and Chambers, and although our offices are physically located in Houston, Harris County, Texas, we provide assistance with estates being administered in counties across the State of Texas.

Areas of expertise in connection with the administration of estates include the following:
* Representing executors in probating wills and managing the estate administration process
* Representing administrators when there is no will
* Preparing and/or assisting in the preparation of federal estate and gift tax returns
* Counseling clients with regard to post-mortem tax planning
* Ensuring that beneficiaries’ rights are protected

Trust Administration

Trust law is complex. The lawyers of MacIntyre & McCulloch are experts at counseling clients on trust issues ranging from the simple to the complex. Over the years, our skilled professionals have provided guidance to both corporations and individuals serving as trustees. We represent trustees when their discretion is being challenged by a beneficiary, when questions have arisen with regard to the fulfillment of their fiduciary obligations and on general trust administration questions. If you are serving as a trustee and are in need of counseling on your role and responsibilities, MacIntyre & McCulloch can provide the answers.

A beneficiary of a trust often has unanswered questions regarding his or her rights. A trustee may not provide satisfactory answers to a beneficiary’s inquiries, and the unanswered questions are often left unanswered by the trustee’s lawyers. If you find yourself in this situation, MacIntyre & McCulloch can help with providing professional guidance related to your rights as a beneficiary.

Areas of expertise in connection with the administration of trusts include the following:
* Counseling trustees to ensure that actions of the trustee are consistent with the terms of the trust
* Providing guidance to trustees on how to protect the trustee from liability
* Addressing issues associated with the relationship between trusts and federal estate taxes and/or generation-skipping transfer taxes
* Working with a trustee in the preparation of an accounting, whether required by the Texas Probate Code, the Texas Trust Code or in response to a demand from a beneficiary
* Assisting trustees of Section 142 and Section 867 Trusts
* Aiding a beneficiary in making a demand upon a trustee for a distribution
* Assisting a beneficiary who wishes to obtain more information concerning the trustee’s activities with regard to a trust and its assets
* Reviewing and analyzing information contained in a trustee’s accounting

Probate, Wills and Trusts Litigation

Protecting assets that have taken a lifetime to accumulate, managing property that has been in the family for generations, and making long-range provisions for beneficiaries affect people personally as well as financially.

We understand this and strive to assist our clients with the whole scope of the issues they face. We are lawyers you can talk to.

MacIntyre & McCulloch attorneys advise individuals on management and conservation of assets, estate planning for the orderly transfer of property during life or at death, tax aspects of such planning, and probate and estate administrative procedures. We also counsel guardians, trustees, administrators, beneficiaries, and executors of estates. Our services include preparation of wills, trust agreements, powers of attorney, and other necessary documents; preparation of income, gift, and estate tax returns; and assistance in both the dependent and independent administration of estates and guardianships.

Unfortunately, disputes arise concerning trusts, wills, gifts and estates, which require our attorneys to be knowledgeable in probate, trust, tax, evidentiary, and procedural matters. We handle these disputes with the sensitivity or force necessary to achieve our clients’ goals and, if circumstances require, institute litigation to protect our clients’ interests. We represent clients in prosecuting and defending will contests, will and trust construction, termination of trusts, resignation or removal of trustees, and litigation arising out of the administration of estates and trusts. We also handle all forms of alternative dispute resolution proceedings for probate.

Representative Matters
* Several major banks have been defended in fiduciary duty cases
* Numerous individual trust beneficiaries, as well as corporate fiduciaries in their respective roles as guardians, trustees, administrators, and/or executors of trusts and estates have been represented
* A defense judgment was obtained for a corporate trustee charges with breach of fiduciary duty
* Achieved numerous favorable jury verdicts in will contest cases

Fellow - American College of Trust & Estate Counsel

Robert S MacIntyre Jr
MacIntyre & McCulloch LLP
3900 Essex Ln #220
Houston TX 77027
Tel: 713 572-2900
Fax: 713 572-2902
E-mail: macintyre@mmlawtexas.com

Robert S. MacIntyre, Jr., with more than 30 years as a trial lawyer, focuses his practice on the trial of all types of estate, trust, and guardianship cases. He has represented institutions and individuals in the probate and contest of wills, interpretation and modification of trusts, and creation of and opposition to guardianships. Mr. MacIntyre's clients include individuals, trust companies, and numerous non-profit and charitable entities throughout Texas.

Representative Matters
* Represented clients in will contests
* Represented beneficiaries as well as trustees in all types of trust litigation
* Represented creditors in obtaining relief in the probate courts
* Represented individuals with significant resources in resolving their differences with various taxing entities
* Represented families and/or individuals in contested guardianships
* Achieved numerous favorable jury verdicts in will contest cases