Practice Areas Overview

The attorneys at the Law Offices of David Lee Rice, A Professional Law Corporation, offer comprehensive representation to individuals, businesses, accountants, and attorneys in the following areas:

• Federal & State Taxation
• Business & Tax Planning
• Will & Trust Contests
• Estate Planning
• Probate
• Trust Administration
• Conservatorships
• Elder Care Law
• Tax Aspects of Divorce
• Tax Aspects of Damage Awards
• Elder Law/Medi Cal Planning

Federal & State Taxation

As tax attorneys we are familiar with both federal and state Tax Laws. We are often engaged by accountants to assist their clients with their tax issues. We can help you in the following areas:

• Tax Planning
• Audits
• 1031 Exchanges & other Real Estate Tax Issues
• Taxation of Damages
• Audits
• Tax Controversies
• Criminal Tax Fraud
• Payroll Tax Problems
• Sales Tax Problems
• Corporate and Partnership Tax Issues
• Tax Court Matters
• Employment Development Tax Matters
• Property Taxes
• Divorce Tax Issues - Innocent Spouse

Business & Tax Planning

As business attorneys, we can assist you in the formation, sale, merger, acquisition or dissolution of your business.  We can advise you on the appropriate entity for your business and assist your accountant in planning for any tax implications.  We have substantial experience forming and advising on the following entities:

• General Partnership
• Limited Partnership
• Limited Liability Company
• Limited Liability Partnership
• Corporations (Professional, Closed, Subchapter C and S)
• Mergers and Acquisitions
• Business Contracts
• Leases

Will and Trust Contests

Our trusts and estates practice encompasses all aspects of litigation. We have represented trustees, beneficiaries, and attorneys, administrators in trials, appeals and proceedings. Our practice includes all phases of estate and trust litigation, including will contests, trusts contests, removal of trustees and defense of creditor claims.  Please see the wills and trusts contests page for further information about our expertise in this area.

Estate Planning

If you die intestate (without a will), California's laws of descent and distribution will determine who receives your property by default.  That plan may or may not reflect your actual wishes, and some of the built-in-protections for beneficiaries, particularly minor children.  We can assist you in setting up your estate plan including, the drafting of wills, durable powers of attorney, directives to physicians, living trusts, irrevocable life insurance trusts, grantor retained income trusts and annuities, and family limited partnerships and family limited liability companies.  In addition, we can assist you in maximizing your retirement benefits, including help you determine when and how you should elect to take such benefits.  Please see the estate planning page for further information on this area of our practice.

Probate

We can assist you in probating any estate in an expeditious and timely fashion.  We can help you with all types of assets and have even been able to obtain orders from the court for the sale of property, without having to first go through an actual probate.

Trust Administration

Our attorneys have extensive experience in the area of trust administration.  The Trustees of a trust have certain fiduciary duties or obligations to fulfill; some of these duties are mandated by the terms of the trust instrument, and others are required under California laws governing the administration of trusts.  Even if the Trustee is acting in good faith, failure to comply with these duties could result in liability for any additional taxes owed, or liability to the beneficiaries for mistakes the Trustee made.  

Conservatorships

If an adult becomes unable to handle his or her own day-to-day financial or personal affairs, someone else must step in to take care of things.  If the incapacitated person planned ahead and signed a durable power of attorney for finances, as well as an advance health care directive, the persons named in the documents may make financial and medical decisions on behalf of the incapacitated person, without court supervision. But if no planning has been done, an all too common event, then family members must ask a court to appoint a conservator.  A conservator is someone who has the court-ordered authority and responsibility to manage another adult's financial and/or personal affairs.  Generally, conservatorships are established for people who are in comas, suffer from advanced Alzheimer's disease or have other serious illnesses or injuries.

Elder Care Law

David Lee Rice, Esq. is a member of the National Academy of Elder Law Lawyers and has spoken to numerous professional associations regarding elder law.  Elder Law is a relatively new and fast growing field of law that deals with specific legal issues faced by the elderly population.  Our practice combines elements of estate planning, trusts, wills, conservatorships, guardianships, healthcare planning including Medicare, Medicaid, Social Security, supplemental and long-term insurance policy issues and Medi-Cal planning.  In addition, our firm focuses on disability planning including use of durable powers of attorney, living trusts, living wills and other means of delegating management to another in case of incompetency or incapacity.

Financial elder abuse is one of the largest growing problems in the United States.  Many elder adults are subject to undue influence and fraud and have had their life savings stolen from them.  The problem crosses all geographic, socioeconomic, racial and ethnic barriers.  However, because it is still largely hidden under the shroud of family secrecy, this type of abuse is grossly underreported; in fact, many experts agree that only 1 out of 14 domestic elder abuse cases is reported to the authorities.  Types of elder abuse may include physical, sexual, or emotional abuse, neglect, or financial exploitation.  It is possible that more than one type of abuse may be suspected in any given case.

In addition there is rampant abuse in nursing homes.  Nursing home abuse is a challenging experience under the best of circumstances.  However, finding the right attorney to handle your case can be even more challenging.  Many attorneys will not look at elder abuse cases.  They assume incorrectly that because the client is old and in poor health, damages will be limited and, therefore, the case will not be worth the effort.  Other attorneys may be experts in personal injury or medical malpractice laws, but know little or nothing about the elder abuse statutes.  Our firm has significant experience in successfully pursuing nursing home abuse and neglect cases.

Tax Aspects of Divorce

In divorces a number of tax issues arise, which need to be addressed throughout the proceeding to insure that the parties will receive what they bargained for after taking into account federal and state taxes.  The primary tax issues arising from a divorce are the deductibility or capitalization of attorneys' fees; tax consequences from the division of property; tax issues relating to alimony and child support; innocent spouse and §66 issues arising under the Internal Revenue Code.

Taxation of Damage Awards

Our firm frequently assists attorneys and clients in structuring lawsuits and settlements to minimize taxes, where appropriate.  We also assist taxpayers in pursuing refund claims for taxes they have paid on damages, when their settlements were negotiated without sufficient consideration being given to the tax ramifications.

The Law Offices of David Lee Rice, APLC provides exceptional legal services to a diverse array of clientele.  Contact the Law Offices of David Lee Rice, APLC for a consultation regarding your case.