Estate Planning Attorney Portland
Wealth Preservation & Estate Planning
Jonathan Mishkin is an estate planning and wealth preservation attorney with offices in Portland, Bend, and West Linn, Oregon. With 25+ years of experience, he counsels individuals in all aspects of gift, estate and philanthropic planning.
Mr. Mishkin has extensive experience designing and implementing a variety of sophisticated structures, including family limited liability companies/partnerships, grantor retained annuity trusts, insurance trusts, qualified residence trusts, charitable trusts, all of which are centered around transferring assets to heirs and charitable recipients in the most tax-advantaged fashion while tailoring advice to each client’s values and beliefs. Additionally, Jonathan represents individuals in audits before the Internal Revenue Service, Oregon Department of Revenue, and Washington State Department of Revenue involving estate-related audits. He also provides advice to Trustees on all aspects of trust administration.
While a well-drafted foundational estate plan (i.e. a Will or Revocable Living Trust) does not mitigate state taxes, we are able to maximize privacy and reduce the time and cost of probate.
The Law Office of Jonathan D Mishkin offers the following estate planning services:
- Foundational Documents & Personal Planning
- Revocable Living Trusts and Wills
- Durable Powers of Attorney and Health Care Directives
- Cremation or Burial Directives
- Asset Protection
- Fiduciary, Trusts, Estates and Probate Litigation
- Planning for Unique and High Value Assets
- Guardianship/Conservatorship
- Blended Families and Same-Sex Couples
- Business Succession Planning
- Charitable Giving and Philanthropic Planning
- International Estate Planning
- Estate Planning with Digital Assets
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Foundational Documents & Personal Planning
Our firm is dedicated to helping individuals and families create comprehensive estate plans that protect their loved ones and provide peace of mind. We understand that planning for the future can feel overwhelming, which is why we take a personalized, client-centered approach, guiding you through the process with clear communication and in-depth expertise. We believe foundational estate planning is for everyone, regardless of the size of your estate, and we are committed to making it accessible and straightforward.
A foundational estate plan is a strategic blueprint for protecting yourself, your assets and ensuring a seamless transfer of wealth to future generations. It's more than just a collection of documents; it's a comprehensive strategy tailored to your unique circumstances. It includes creating essential documents like a will or trust, designating powers of attorney for financial and medical matters, and naming guardians for minor children. The goal is to protect your loved ones from future burdens and provide peace of mind by preparing for both unexpected incapacitation and final distribution of your estate.
Asset Protection
Asset protection is defined as the safeguarding of wealth and assets from attack by future, unsecured creditors. The assets that we have protected include liquid assets, securities, real estate, business interests, professional practices, works of art, intellectual property, cars, boats, jewelry, and virtually anything of value. We protect these assets from threats such as aggressive litigants and predatory creditors and preserve the assets for the benefit of our clients and their families.
We protect assets using domestic laws and entities such as limited partnerships, limited liability companies, irrevocable trusts, and corporations, as well as the laws of foreign countries.
The privacy of our clients is paramount. We carefully safeguard the privacy of our clients and the confidentiality of their assets. Rather than basing asset protection strategies on the supposed “banking secrecy,” we use the law – both U.S. and foreign – to create secure, impenetrable barriers around those assets. As a result, our asset protection strategies have withstood the test of time as well as governmental and judicial scrutiny.
Internationally, we have developed strategies utilizing asset protection trusts, corporate entities, limited partnerships, and more esoteric vehicles such as foreign annuities and private placement insurance, which have successfully protected clients’ assets in extremely sensitive situations.
In order to ensure the safety of our clients’ offshore assets, we have developed long-standing relationships with well-credentialed international banking institutions, attorneys, trustees, and government officials at the highest levels in various offshore jurisdictions.
Fiduciary, Trusts, Estates and Probate Litigation
We represent individual clients in disputes related to wills, trusts, estates and fiduciary issues. We also address pre-death disputes, such as issues of capacity, undue influence and financial elder abuse.
As the U.S. population ages, we increasingly see challenges raised regarding the capacity of donors and fiduciaries, as well as allegations of undue influence and elder abuse. We are experienced in all aspects of these matters, including effectively utilizing expert witnesses and discovery, both of which are often pivotal in helping courts find the clarity needed to resolve these matters fairly.
Trustees and other fiduciaries continue to face litigation by beneficiaries and others who allege breach of fiduciary duty. Over the years, we have represented both fiduciaries and beneficiaries, giving us a broad understanding of how fiduciary disputes emerge and optimal strategies for resolving them. Often, we find that disputes can be avoided by establishing clear policies and protocols for trust and estate administration, and our attorneys are experienced in advising trustees on how to structure their oversight to adhere to best practices and the law.
Planning for Unique and High-Value Assets
Unique and high-value assets include properties, businesses, and items like art or rare collectibles, all requiring unique attention during estate planning. These assets bring added complexities, such as fluctuating market values, potential tax burdens, and specialized appraisals. Real estate often demands ongoing maintenance and market assessments to retain value, while business interests involve succession strategies to ensure continuity. Meanwhile, luxury items may need expert valuation due to market variability. A thorough understanding of these factors is critical to building a detailed estate plan that aligns with long-term goals and preserves wealth.
Using trusts is a primary method for estate planning with unique and high-value assets, helping to avoid probate and maintain privacy. Different trust types offer specific benefits: revocable living trusts allow for probate avoidance while retaining control, while irrevocable trusts can protect assets from creditors and reduce estate taxes by removing assets from your taxable estate. Specialized trusts like a Qualified Personal Residence Trust (QPRT) or Generation-Skipping Transfer (GST) trust can provide targeted tax advantages.
For collections or businesses, consider Family Limited Partnerships (FLPs) or LLCs to facilitate gifting while maintaining control. Charitable donations of valuable items can provide tax deductions and support philanthropic goals. It's important to consider the tax basis implications for heirs, as assets inherited at death typically receive a step-up in basis, while gifted assets retain the original cost basis.
Guardianship/Conservatorship
Sometimes loved ones require assistance and oversight in financial or personal matters. When no suitably protective alternatives exist, the appointment of a Guardian/Conservator may be necessary through a court proceeding. A court-appointed Guardian/Conservator has responsibility for the financial, legal and/or personal needs of an individual who the court has determined is unable to perform these activities independently. Once appointed, a Guardian/Conservator must report regularly to the court as to the individual’s personal and financial status.
The legal requirements for establishing and managing a guardianship or conservatorship are complex. Many firms avoid these cases due to their difficulty, but we have extensive experience in this area of law. We provide a sounding board for tough decisions and can help you navigate the process, from filing the initial petition to fulfilling ongoing court requirements. Our local knowledge also allows us to connect you with support services and professional conservators if needed.
What is a Guardianship?
When an individual, without an appropriate estate plan, is unable to attend to their daily care decisions, a guardianship may be necessary. A guardianship is a court-ordered legal relationship in which a person is appointed to oversee and manage the personal and medical needs of an incapacitated person. The guardian may also be able to handle amounts of funds for this person.
A guardian may be appointed for a minor child whose parents are unable or unwilling to care for them. It may also be appointed for an adult who is incapacitated and unable to make their own decisions. Often, the guardian is a spouse or child of the individual, but it may also be a qualified attorney.
What is a Conservatorship?
A conservatorship is a legal arrangement in which a court appoints a person or entity, known as a “conservator,” to manage the financial affairs of an individual who cannot do so themselves. While a guardian may handle small amounts of funds, a conservator must be appointed if the person has significant assets.
The duties of a conservator can vary depending on the specific needs of the individual. It could include managing their finances, paying bills, and managing investments. The conservator is required to act in the best interests of the incapacitated person. They should also provide regular reports to the court on their activities.
Have Guardianship/Conservatorship Questions? Contact Us
Blended Families and Same-Sex Couples
Estate planning is crucial for anyone who wishes to accurately and efficiently pass their assets on to their families or other heirs. But for LGBTQ+ individuals and blended families, an estate plan can serve as a much-needed bulwark against the shifting tides of legal and political ideology.
The Supreme Court’s 2015 Obergefell v. Hodges ruling famously legalized same-sex marriage. It provided protections for LGBTQ+ couples who legally marry, including access to tax and social security benefits, inheritance rights, medical decision-making authority, and recognition as legal parents. Still, challenges persist, making estate planning especially important for this community.
Despite Obergefell, some states have enacted laws that limit LGBTQ+ rights, including religious exemptions and restrictions on gender-affirming care. If Obergefell were ever overturned or weakened, married LGBTQ+ couples could lose default legal protections—making estate planning even more critical.
Here are some estate planning strategies to consider for LGBTQ+ couples and blended families—especially those with children from previous relationships—to help avoid confusion, conflict, and unintended outcomes.
- Clarify Parental Rights and Guardianship. For LGBTQ+ parents, especially those not biologically related to their children, legal recognition is critical. Without proper documentation, custody disputes may arise, particularly if a biological parent or extended family member challenges the arrangement. Include guardianship designations in wills and trusts. Pursue adoption or parentage orders to establish legal parent-child relationships. Use healthcare proxies and school authorizations to ensure continuity of care.
- Execute Healthcare and Financial Powers of Attorney. Appointing a trusted individual to make medical and financial decisions is essential. Without these documents, courts may defer to biological family members who may not honor your wishes or understand your values. Draft and regularly update durable powers of attorney for healthcare and finances. Ensure your appointed agents are aware of your preferences and responsibilities.
- Use Trusts to Control Asset Distribution. Trusts offer flexibility and control, especially when balancing the needs of a current partner with children from previous relationships. They also help avoid probate and maintain privacy. Create a revocable living trust to manage and distribute assets. Consider a special needs trust for beneficiaries with disabilities. Use no-contest clauses to discourage legal challenges from estranged relatives.
- Update Beneficiary Designations and Titles. Beneficiary forms on retirement accounts, life insurance policies, and bank accounts override your will. These must reflect your current relationships to avoid unintended distributions. Review and update all beneficiary designations regularly. Use joint ownership with rights of survivorship or payable-on-death (POD) designations where appropriate.
- Communicate Your Plan to Loved Ones. Estate planning isn’t just about documents—it’s about clarity. Open communication can prevent misunderstandings and preserve relationships. Share your intentions with family members and beneficiaries and explain the reasoning behind your decisions to reduce the risk of disputes.
Business Succession Planning Portland
Elder Law and Estate Planning Portland
As family members age, it’s important to understand their wishes for the future and have these documented in accordance with the law. If an elderly or unwell client becomes incapacitated, any assets they have will need to be protected. They will also require medical care. Both of these require planning in regards to what type of conservatorship or trust to use, how to pay for medical care, and ensuring proper networks are in place to provide competent and quality care.
We understand how planning for long-term care and the processes behind qualifying for Medicaid can be daunting. We can assist with completing and submitting applications, handling any hearings and appeals, and ensuring our clients continue to qualify for Medicaid.
Guardianship/Conservatorship
If a person becomes physically or mentally disabled, they may no longer be able to handle their own personal or financial affairs. In such cases, the court can give that authority to another person, making them the person’s guardian or conservator.
In the case of guardianship, this enables the guardian to manage and control a person’s physical care and custody. A conservator, however, is responsible for managing the person’s financial matters. We understand the appointment of one or both of these is an emotional process for all involved, and work with you towards the ultimate goal of securing the person’s medical and/or financial needs.
Revocable Living Trusts and Wills Portland
These are two separate documents, and only one is needed to serve as the foundation of an estate plan.
A Will is a document that appoints an executor to represent the estate of the deceased client in probate court. This then allows for the distribution of assets, the appointment of guardians for minor children, and the direction of funeral arrangements.
A revocable living trust acts as a private, contractual agreement that details the rules a client has regarding their assets to be held for the benefit or heirs and other beneficiaries. These are especially useful in cases where reaches a certain age or develops a medical condition that mandates assistance with finances. A revocable living trust will help to eliminate the need for a probate lawyer, allowing the person managing the estate to save both time and money.
Your Estate Planning Attorneys Questions Answered
Digital Assets Estate Planning
Thanks to the rapid advancement of technology over the last few decades, many of our clients’ businesses and personal data is now stored electronically. Digital assets can include things like photos you have uploaded online, social media histories, and documents in online storage services.
While many people do not consider these assets, they can be important financially, emotionally, or both. Having a digital asset estate plan addresses the management and distribution of such digital assets to reduce the risk of additional administrative burdens while preserving your sentimental documents and images.
Planning for Blended Families
With over 50% of marriages ending in divorce, blended families have become much more common in recent times. When one or both remarried spouses brought children from previous relationships into the marriage, this can complicate estate planning for such families.
Every family, including every blended family, is different. Both spouses need to consider where to distribute parts of their estate, whether that be to the other spouse, among their biological children, a mixture of biological and stepchildren, or any other variation. At J Mishkin Law in Portland we understand the intricacies behind such decisions, and help you to consider all of your options to make the best decision for you and your family.
Estate Planning for Same-Sex Couples
Same-sex marriage has been recognized in Oregon since 2014, but the concept overall is still a relatively new development within the United States. For couples in domestic partnerships who are not legally married, they can enjoy the benefits of their rights at the state level, but not necessarily at the federal level.
This can cause complications when it comes to estate planning. In circumstances such as where a person dies without an estate plan in place, the surviving spouse may be ineligible to receive any inheritance. In these cases, the assets will be passed to the deceased’s blood relatives, which may not be in accordance with that person’s actual wishes. In these instances, and for many other reasons including estate tax, funeral arrangements, and guardianship of any children, an estate plan is essential.
Business Succession Planning Portland
Many of our clients at J Mishkin Law are Portland small business owners. Whether a business is large or small, it’s important to have a plan in place for the business in the case of the owner passing away, developing a disability, or retiring.
Any sole proprietorship should have a succession plan in case of any such event. This involves choosing a successor, developing a training plan, and establishing putting your successor in place if and when the time comes.
For partnership businesses, you can create a buyout or buy-sell agreement which details information such as who can buy shares, whether the partner must be bought out, and what can prompt a buyout.
Charitable Planning
If you regularly give to charity, you may wish to consider charitable planning in your estate plan. Charitable trusts can have significant tax benefits, and at J Mishkin Law we have experience in assisting our clients arrange for all sizes and variations of charitable gifts. You retain the right to change the charitable recipient over time, and can create an income stream that replicates an annuity to a loved one.
Clients in Portland with larger estates who intend to leave a portion of their estate to charity may also consider forming a private foundation. These can be beneficial as the client retains control over management while securing favorable income tax charitable deductions.
International Estate Planning
Depending on the country and its laws, some countries may not recognize wills executed in other countries, such as the US. Many of our American clients have assets and beneficiaries across the world, whereas other clients may not be US citizens but have US affairs.
No mater your situation, we take your individual circumstances and look at them through a multi-jurisdictional lens. At J Miskin Law we understand the effects of international estate planning and their associated taxes, assets, and liabilities.
Contact A Highly Experienced Estate Planning Attorney in Portland Today
Without estate tax planning, an affluent family may see their wealth decrease by almost 50 percent due to federal estate taxes when a surviving spouse passes away and states take even more due to state estate taxes. Worse yet, certain forms of wealth, such as pre-tax 401(k) plans and IRAs, can swell income and estate taxes combined to 75 percent. Consequentially, children and other beneficiaries may receive less than half of the family’s wealth.
Estate lawyer Mr. Mishkin structures plans to benefit from every tax code nuance while working hard to understand your unique objectives. By closely listening to your specific perspectives, goals and needs, he can counsel you on the best decisions with suitable recommendations. In effect, you both develop your plan to fully satisfy you and your family.
Meanwhile, he provides generational planning for your family’s wealth to be optimally retained and administered to future generations. Own a business? He can assure business continuity and value for your family, shareholders, employees and customers.
Losing a loved one is hard enough without an estate planning attorney. Mr. Mishkin can help you when and where you need him, providing post-mortem planning and documents by deadlines. Through proper, reliable estate administration, Mr. Mishkin respectfully honors the past while preparing for the future.
Have Estate Planning Questions? Contact Us
Need estate planning information?
Get your Estate Planning FREE PDF download which teaches you
5 important reasons you need an estate plan.
Click on the download link below.
