Michael L Graham

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* Estate Planning

Our attorneys have many years of experience in designing and implementing a comprehensive variety of wills, trusts and other estate planning documents, using strategies appropriate to each situation -- from the basic to the most complex. We advise clients of the options available to them in the planning process, and make recommendations based on each client's needs. In addition to addressing the complex tax and asset protection issues, we also assist our clients with the important practical and emotional aspects of the estate planning process.

While every individual, regardless of the value of his or her assets needs certain basic estate planning documents, such as a Will providing for “Independent Administration,” and Powers of Attorney, both for property management in the event of disability or old age and for health care matters, The needs and opportunities for planning go far beyond the basics. Coordination of insurance and employee benefits, education funding for children and grandchildren, and the shifting of value from one generation to the other with little or no current or future transfer tax (estate and gift tax) are often the most important, and most overlooked, aspects of estate planning.

When appropriate, the Firm is particularly well suited to advise its clients upon the intricate nature of estate and gift taxation, asset protection planning (whether from future creditors or unfortunate marriages), and asset management protection (for the time when we are no longer able to manage our assets without assistance).

* Business Succession

We work with many owners of privately-held businesses. For these clients, the estate planning process focuses on maximizing economic and intrinsic value for all generations.

Services may include:
- Development of tax-efficient strategies for ownership transfer;
- Advice regarding the sale or retention of the business;
- Strategies to minimize the impact of a transition on the business; and
- Planning to ensure harmonious long-term family relationships.

As a result, our clients can be assured that their business, which frequently represents their life's work and wealth, will be transferred in a sensible, tax-efficient and equitable manner.
Probate & Trust Litigation

While one of our primary goals is avoiding testamentary problems for our clients and their families, we deal effectively with problems when they do arise. Our lawyers represent fiduciaries, personal representatives, beneficiaries and interested third parties in litigation involving probate and trust matters, such as will contests, trust accountings, estate tax litigation, and other fiduciary litigation. When it becomes necessary to call on the assistance of the courts to solve probate and trust problems, we will work to use judicial resources effectively and efficiently. We also provide assistance to trustees who seek court approval of their actions, or the interpretation and enforcement of trust provisions. We understand these issues involve more than money; that they evoke emotions and frequently divide families. For these reasons, we work to find creative solutions that may avoid protracted litigation and preserve family relationships. When necessary, however, we will protect and vigorously advance our clients' interests in probate and trust adversarial proceedings.

Contested issues may include:
- the validity of wills; applications to vary wills or trusts;
- estate claims; breach of trust actions;
- undue influence claims;
- interpretation of wills;
- appointment or removal of trustees;
- representation of trustees and executors;
- trustees' and executors' accounts;
- protection of beneficiaries' rights; family disputes; and
- power of attorney contests.

* Estate Administration

Estate Administration is the legal process by which a person's debts are paid and assets distributed upon death. Estate administration includes the probate process as well the administration of trusts and other non-probate transfers to ensure the estate is distributed appropriately.

Services may include:
- Probate of wills, collection of decedent's assets, payment of debts, calculation and payment of estate taxes, trust funding and asset distribution;
- Advice to minimize estate and income taxes for the estate and its beneficiaries;
- Advice regarding timing and structure of sale or disposition of estate assets, to include business interests; and
- Preparation of Federal and State “Estate Tax” returns, which are required for all estates of over 2 million dollars (including life insurance).

Fellow - American College of Trust & Estate Counsel

Graham Law Firm PC
100 Highland Park Village #200
Dallas TX 75205
Tel: 214 599-7000
Fax: 214 599-7010
E-mail: mgraham@thegrahamlawfirm.com

Mr. Graham is the Senior Lawyer of The Graham Law Firm, P. C., co-author of Wealth Transfer Planning, and acting CEO of ILS Management, LLC. During his 30+ years of law practice Mr. Graham was with the law firm of Baker & Botts, LLP for 22 years, first as a partner in the Houston Business and Estate Planning group, and then as partner in charge of B&B's Business and Estate planning group in Dallas. In 1994, Mr. Graham founded the law firm of Graham & Smith, LLP which limited its practice to substantial matters involving business and estate planning, administration of estates and trusts, and fiduciary based litigation. On January 1, 2006, the Graham Law Firm, P. C. was formed to continue that specialty practice, still based in the Park Cities area of Dallas, Texas.

Mr. Graham received his J.D., cum laude, from Baylor School of Law (1972), and BBA from Baylor University (1971). He is Board Certified in Estate Planning and Probate Law in Texas. Mr. Graham's professional activities include: Fellow of, and past Regent of, the American College of Trust and Estate Counsel; Past Supervisory Council Member of the American Bar Association's Real Property, Probate and Trust Law Section, Co-Chair of the Digital Signature Committee; Past President of the Texas Academy of Probate and Trust Lawyers; Past Chair of the Real Estate, Probate and Trust Law Section of the State Bar of Texas; and Fellow of the International Academy of Estate and Trust Lawyers.

Mr. Graham also believes that each of us have a responsibility to give back to the local and national communities in which we work and live. He currently serves on the Board of Directors of Baylor University Medical Center, the Board of Directors of The Jack and Jane Hamilton Baylor Heart and Vascular Hospital, and the Board of Directors of ODC Therapy, Inc, a Dallas based biotech development company currently engaged in Stage 2 FDA trials treating patients with, and seeking a cure for, Stage IV metastatic melanoma. Mr. Graham is a past Treasurer / Vice President of Finance of the Dallas Symphony Association. Mr. Graham and his wife, June live in University Park (close to SMU University) and attend Park Cities Baptist Church, where they are active in teaching in the International Class and take a great interest in those who are either temporarily or permanently in the United States from Asia and South America.