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Estate Planning and Administration

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Robinson & McElwee provides its clients with the security that comes from responsible wealth strategies. Asset planning and protection ensures your assets will be passed to your beneficiaries responsibly as you intended. Depending upon your needs and wishes, your estate planning may include wills, powers of attorney, living wills, medical powers of attorney, living trusts and documents relating to guardianship. Proper tax planning to minimize estate and other taxes upon your death and/or the death of a spouse is an important consideration for most people. The lawyers of the Business & Corporate Practice Group will guide you as to whether your estate planning should include irrevocable life insurance trusts, charitable remainder trusts, and other techniques to minimize such taxes. Such additional techniques may include ways to efficiently transfer ownership of a closely held business from one generation to the next with the lowest possible tax impact. In addition to preparing estate planning documents such as wills, trusts, and powers of attorney (with corresponding federal estate tax planning), the lawyers of the Business & Corporate Practice Group are also involved in will contest litigation and breach of fiduciary duty claims.
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Robinson & McElwee has represented a wide variety of clients in bankruptcy actions. We have extensive experience in helping creditors, representing many types of businesses, recover as much as possible from bankrupt entities. The outstanding business lawyers at Robinson & McElwee are ready to partner with our clients to address any issue in today’s ever-changing and challenging business climate. We have seasoned lawyers from diverse practice areas when a business matter requires a team of lawyers from different disciplines. Robinson & McElwee is dedicated to providing excellent legal service at the lowest reasonable cost.
From the birth of a business, through the everyday formalities, to termination and dissolution, Robinson & McElwee’s attorneys guide and counsel clients on all phases in the life of a business. Our attorneys work with our clients to determine the best structure for a business (e.g. corporation, limited liability company, or other structure), taking into consideration the concerns of the clients, as well as the tax and other ramifications of the structure under consideration. The selection of the legal structure and the initial organizational documents for a business (e.g. bylaws, operating agreement or other organizational document) are the first keys to avoiding future disputes. We also counsel businesses and business owners as to the advantages and disadvantages of buy-sell agreements in order to minimize the disruption and conflict that may arise when an owner leaves a business. The lawyers of the Business & Corporate Practice Group provide guidance on proper tax planning and structural strategies. We assist your business as it evolves, settling disputes among business owners and shareholders, discussing succession planning and more. Our attorneys have represented both business entities and groups of owners in such matters. Robinson & McElwee’s Business & Corporate attorneys also assist in startup funding, mergers and acquisitions and the dissolution of businesses.

All businesses, whether sole proprietorships or Fortune 500 companies, are involved in commercial transactions and the firm’s Business & Corporate lawyers help our clients navigate these often complex waters that are important to them. Whether it is negotiating the terms of a financing transaction or preparing contracts for the marketing and sale of goods domestically or abroad, our attorneys are available to provide the advice and guidance our clients need. 

The Robinson & McElwee Business & Corporate Practice Group advises and provides counsel to its clients on all business-related decisions. In connection with financing transactions, we represent both lenders and borrowers.

In addition, our services cover:

  • Leases for both real and personal property
  • Sale and purchase agreements
  • Disputes involving negotiable instruments
  • Perfection of security interests
  • Contracts
Robinson & McElwee represents both individuals and businesses before the West Virginia Tax Department. In the area of federal taxation, our attorneys handle petitions before the United States Tax Court, as well as refund suits in federal district court. Members of the Business & Corporate Practice Group have argued numerous cases concerning West Virginia tax matters before the Supreme Court of Appeals of West Virginia. The Business & Corporate lawyers also regularly represent business clients with regard to property tax assessments and appeals. Aside from litigation, the Business & Corporate Practice Group provides planning and guidance in commercial and corporate transactions, including sales of stock, sales of assets, reorganizations and mergers. The Business & Corporate Practice Group also regularly represents entities seeking 501(c) status from the Internal Revenue Service (IRS).
Robinson & McElwee’s Business & Corporate attorneys regularly advise clients in the oil, gas, coal and timber industries. They routinely handle natural resource matters relating to title certifications, taxes, land acquisitions and leases, contracts, and matters involving commercial and corporate transactions, including stock and asset purchase and sale agreements and mergers and acquisitions. Our attorneys focus on coal, timber, and oil and gas leases, as well as contract mining agreements, overriding royalty agreements, trucking agreements, sales agreements, and transloading agreements. The firm represents timber, coal, and oil and gas companies, as well as individual land owners in natural resource matters. Our attorneys also work with companies and individuals to obtain the financing needed to operate in the natural resource industries. As Marcellus Shale matters present legal questions, we meet the needs of our clients with title certification issues. In addition, attorneys within the firm’s Business & Corporate Practice Group work closely with lawyers in the Energy & Environment Practice Group on matters relating to environmental and administrative law issues, including permitting and licensing, groundwater and surface water uses, due diligence and other issues.

Our Business & Corporate lawyers have extensive experience with complex real estate transactions involving retail, industrial, resort and other commercial real estate development projects.

Robinson & McElwee assists and advises clients on

  • Finance
  • Leasing
  • Acquisition
  • Construction
  • Tax-free exchanges
  • Eminent domain
  • Land use planning

Our attorneys belong to leading retail and development associations, including the International Council of Shopping Centers and ALFA International’s Retail Practice Group and Construction Law Practice Group.

Other related experience includes significant work with transactional documents during all phases of the real estate development process, including conceptual planning, leasing and sales arrangements, acquisitions of property, construction contracts, road infrastructure and easements.