Post-Mortem Planning

Post-Mortem Planning involves more than just submitting a final Form 1040 (U.S. Individual Income Tax Return). In fact, post-mortem planning is an essential part of the estate planning process as a whole. Professional post-mortem planners like the lawyers at Givner & Kaye will not only help you through this difficult emotional and legal process, but will also use the tax code and the tools available to post-mortem planning professionals to save you money in taxes. There are many important decisions to make during the post-mortem planning process that can have a huge impact on your final tax bill. Let the professionals at Givner & Kaye prepare and review all of the documents you need and provide you with the experienced post-mortem planning advice you deserve.

If a loved one has died, contact Givner & Kaye immediately. Time is of the essence.


"After a loved one has died we help finalize the deceased’s estate, including establishing and funding the required marital, bypass and survivor's subtrusts and (upon the surviving spouse's death) preparing a schedule for the allocation of estate taxes and expenses among the beneficiaries."

We Prepare:

  • Sub-trust Funding Documents
  • Required Notices To The Beneficiaries (Probate Code §16061.7)
  • Deeds and Other Documents to Transfer Assets to Subtrusts and/or Beneficiaries
  • Notices of Proposed Actions to Protect Trustees
  • Petitions to the Probate Court to Protect Trustees

We Review:

  • IRS Form 706 (Federal Estate Tax Return), and will handle the IRS Audit if requested, and Appeal and Tax Court Litigation if needed
  • All Documents of The Estate
  • Trustee's Application for Errors and Omissions Insurance
  • The Trustee's Accounting

We Counsel:

  • Fiduciaries on beneficiaries’ rights and interests, operating trusts in compliance with fiduciary laws and avoiding personal liability for their actions
  • Families with the objective being to complete the necessary processes and achieve the family’s goals as quickly as possible
  • Beneficiaries and Trustees in litigation

Read the client and professional testimonials on Givner & Kaye to see how our experienced tax attorneys, estate planning lawyers and asset protection attorneys can help you to save money on taxes, make more money and gain peace of mind over all estate planning, tax planning, tax litigation and asset protection matters.