Kirk R. Wilson

Of Counsel

Biography

Kirk Wilson is a Texas and California board-certified specialist in estate planning, probate and trust law with an advanced law degree in Taxation (LL.M.). Kirk assists clients with the preparation of comprehensive estate plans to create and preserve generational wealth in a tax-efficient manner, including planning for clients with assets and family members in multiple states and nations.

Working hand in hand with other professional advisors, including bankers, financial planners, insurance professionals, wealth managers, and CPAs, Kirk provides thoughtful legal counsel, taking into consideration the many estate planning challenges presented by complex family relations and the constantly evolving income, gift, and estate tax landscape.

Kirk understands that in order to help his clients plan for the future, he needs to learn about their past. Kirk spends time with his clients gathering details about their background, businesses, and family dynamics. By carefully getting to know his clients, Kirk is able to help them create a plan that will pave the way for the legacy they wish to leave.

In addition to preparing basic estate planning documents – including wills, financial and medical powers of attorney, and medical directives – when appropriate, Kirk also advises clients about making lifetime gifts to minimize federal transfer taxes and assists clients in setting up and funding revocable and irrevocable trusts and business succession planning structures to help clients achieve their personal and business goals.

Kirk’s relationships with his clients are long-term and often multi-generational, and for many clients, he is a trusted family counselor. As a complement to his estate planning practice, Kirk assists clients with the administration of decedent’s estates and trusts, including the preparation of gift and estate tax returns, either independently or collaboratively with the client’s CPA. In the event a trust or estate matter is disputed, Kirk utilizes his experience as a litigator to defend his clients and protect their assets.

Representative Experience

Significantly reduced clients’ potential federal estate tax exposure by means of discounted lifetime gifts of fractional interests in a family limited partnership made to irrevocable trusts established for clients’ children and grandchildren
Prepared estate plan for clients that established lifetime trusts for their daughters following the parents’ deaths to shield the trust assets from the daughters’ creditors and spouses, and preserve the trust income as the daughter’s separate property, while allowing each daughter to serve as the sole trustee of her trust and to have the power to direct the disposition of the trust assets at her passing
Secured court order modifying irrevocable trust when changed circumstances made trust provisions unworkable
Obtained favorable Private Letter Ruling from the Internal Revenue Service involving a complex tax issue
Secured trial court victory after 5-day trial upholding validity of trust amendment by 94-year-old woman diagnosed with mild-to-moderate dementia, and overruling contestant’s claims of lack of capacity and undue influence
Obtained favorable ruling from California Appellate Court upholding trial court decision in complex trust litigation matter
Retained as expert witness in contested trust matter, which was settled on favorable terms based in part on expert’s deposition testimony

Show All

Licensed In

California
Texas

Education

J.D. University of California Hastings College of the Law

LL.M. Golden Gate University School of Law
B.A. University of California at Berkeley

Memberships

Certified Specialist, Estate Planning & Probate Law by the Texas Board of Legal Specialization (2016-present)
Certified Specialist, Probate, Estate Planning & Trust Law by the California Board of Legal Specialization (1991-present)

Achievements

Peer Review Rated AV by Martindale-Hubbell

Speaking Engagements

Sts. Simon & Jude Catholic Church – 10-4-18: Preparing and Planning For Incapacity & End of Life
The Woodlands British Ladies Club – 10-13-16: US/UK Estate Planning, Probate, and Tax Issues

Publications

Author of series of articles on estate planning topics published in The Woodlands Villager Newspaper, including “What is Estate Planning”, “Estate Planning Under the New Law”, “Keeping Your Estate in the Family”, “Living Trusts in Texas”, “Talking With Your Children About Your Estate Plan”, “Texanizing Out-of-State Estate Planning Documents”, “What Happens if you Die Without a Will”, “Year-end Giving”, “Planning to Avoid Estate Disputes Over Personal Items”, “Advantages of Continuing Trusts for Adult Children”, “Choosing an Executor, Agent and Trustee”, and “Asset Protection Planning”