Areas of Practice

Corporate and Business Law
Trust and Estate Law
Taxation Law
Real Estate Law
Commercial, Tax and Trust and Estate Litigation

Corporate and Business Law:

Our corporate and business law attorneys represent clients in connection with all areas of corporate and business law. We provide counsel to businesses in any stage of development, from start-up ventures to established businesses, in industries such as real estate development, construction, oil & gas, retail and food services, as well as the medical and accounting professions.

In conjunction with our taxation practice, we offer detailed guidance as to business entity formation and structure, family succession planning, and business transactions. Ellis & Szabo has the most experienced transactional team in Sussex County, providing legal services in connection with mergers and acquisitions; joint ventures/strategic alliances; and financings and recapitalizations. We understand the complex issues that are involved in every transaction and assist our clients in evaluating business, financing and tax strategies, drawing from the firm’s varied legal skills and know-how.

In addition, we prepare and negotiate a wide variety of commercial agreements, including stockholder agreements, “buy and sell” agreements, limited liability company operating agreements, employment agreements, supply and distribution agreements, software development licenses, and trademark licenses.

Finally, our attorneys are available to act as local Delaware counsel in commercial and real estate transactions, and to deliver Delaware Opinion Letters as to Delaware corporations or other entities whether or not we act as lead counsel on such transactions.

back to top

Trust and Estate Law:

Our trusts and estates attorneys provide experienced estate planning and estate administration services. We develop and implement appropriate estate plans, coordinating all aspects of our clients’ financial planning in conjunction with each client’s existing professional advisors or using our contacts with accountants, banks, and insurance and investment advisors.

We counsel individuals with respect to the disposition of their assets during their lifetime and at death, with an eye toward minimizing income, estate, gift, and generation-skipping taxes. We utilize basic estate planning documents such as wills, revocable trusts, powers of attorney and health care powers of attorney, as well as more sophisticated techniques such as life insurance trusts, family limited partnerships or limited liability companies, grantor retained annuity trusts, sales to grantor trusts, charitable trusts, qualified personal residence trusts, dynasty trusts and asset protection trusts. We also prepare pre-nuptial and post-nuptial agreements for our clients.

In addition, we administer decedents’ estates and prepare gift and estate tax returns incident to the estate settlement process. If estate or gift tax returns are audited, our attorneys have the experience to deal directly with Internal Revenue Service agents and state taxing authorities, and, if necessary, to litigate those issues that are not resolved. We also take an active role in post-mortem tax planning including recommendations on the most economically efficient way to pay the estate tax.

We also work closely with attorneys in our other practice areas to assist clients in matters concerning closely-held business entities, such as succession planning, compensation of family members, preparation of consultation and employment agreements, and buy-sell agreements.

back to top

Taxation Law:

Ellis & Szabo counsels clients on a wide range of tax matters, including individual, partnership and corporate taxes. This practice includes advice regarding estate and gift taxes, interpretation of complex tax legislation and tax compliance issues, and the representation at audit by federal and state tax authorities. Our taxation practice is closely integrated with the corporate and business law practice, helping to shape solutions in connection with transactions, structure and planning for our firm’s business clients.

back to top

Real Estate Law:

Ellis & Szabo’s real estate practice is broad and varied, encompassing residential and commercial real estate settlements, 1031 like-kind exchanges, development, easements, financing, leasing and land use. We have experience with all types of real estate transactions, from residential and commercial real estate sales to large planned communities and condominium projects.

back to top

Commercial, Tax and Trust and Estate Litigation:

Ellis & Szabo represents a wide variety of businesses and individuals before state and federal courts. This includes all matters involving Delaware probate, as well as interpretation of Delaware law related to trust formation and administration. In addition, we represent clients in tax litigation at all levels, from administrative hearings before the Internal Revenue Service, controversies before the Federal Tax Court, and refund litigation before the Federal District Court. We further represent clients in litigation involving commercial agreements and interpretation of Delaware corporate, limited liability company and partnership law.

back to top