Expertise
Harrington, Miller, Neihouse & Kieklak, P.
A. is a full-service, mid-size business law firm located
in Northwest Arkansas, one of the fastest growing areas
in the country. The firm was established in 1976, but over
time the partners, associates, and the name, have changed.
The firm has a balanced business practice, with emphasis
in the following areas: business incorporations, contracts,
corporate, securities, mergers and acquisitions, litigation,
real estate, taxation, property tax, estate planning and
administration, employment law, and municipal law. The firm's
practice is regional in scope, and is concentrated in both
Arkansas and Oklahoma.
Business Representation
Our firm represents large and small businesses, and has
excellent references from banks, corporations, and individuals.
Estate Planning
Our firm represents clients in all types of estate planning
matters, ranging from wills to the most complex irrevocable
trusts, and in probate and conservatorship actions. We offer
our clients an innovative and sophisticated estate planning
practice. We draft revocable and irrevocable trusts, life
insurance trusts, durable powers of attorney, and split-interest
charitable trusts. We prepare buy-sell agreements, partnership
agreements, cross-purchase agreements, as well as estate
arrangements for owners of closely held businesses.
Our lawyers have special expertise in estate
tax and fiduciary income tax matters, allowing us to minimize
the taxes imposed on a client’s estate and trust.
We have significant expertise in both uncontested and contested
probate, conservatorship and trust proceedings, and ERISA
claims, in both state and federal courts. Among the types
of probate matters handled are will contests, petitions
for distribution, and petitions to determine distribution
of estates and trusts. We also prepare and/or review estate
and gift tax returns, represent clients in connection with
tax audits and requests for private letter rulings, and
provide counsel pertaining to family and closely held business
matters.
Our approach to estate planning is to evaluate
our client’s personal goals, their financial situation,
and to develop a customized plan for them based on their specific requirements. We utilize
not only traditional estate planning vehicles, but also
innovative techniques that integrate personal estate planning
goals with a client’s business and financial affairs.
Trust and Estate Services:
• Preservation and Accumulation of Wealth
• Income for Retirement
• Financial Security for Loved Ones
• Reduction in Estate Taxes
• Avoidance of Probate Fees
• Estate Liquidity
• Successor Management
• Asset Protection
• Health Care Planning
• Charitable Giving
• Family Partnerships/LLC’s
• A/B Trusts
• Charitable Lead and Remainder Trusts
• Qualified Personal Residence Trust (“QPRT”)
• Grantor Retained Annuity Trusts (“GRAT”)
• Intentionally Defective Grantor Trusts
• Irrevocable Life Insurance Trusts
• Self Canceling Installment Notes
• Retirement Plan/IRA designations
• Asset Protection Trusts
• 2503(c) Minors Trust
• QTIP Trusts
• Disclaimer Planning.
A significant portion of the firm’s tax
and estate planning practice involves advising and representing
our clients in matters regarding federal gift and estate
taxes, state inheritance taxes, revocable and irrevocable
trusts, trust beneficiaries, private foundations, and charitable
trusts. We advise owners of closely-held businesses on tax
and financial planning issues related to keeping the business
within the family, including buy-sell agreements and recapitalizations.
We work diligently to provide clients with knowledgeable,
effective business, tax, probate and estate planning support
and services.
In multiple marriage situations, where there
are “his, hers and ours” children, it can be
important to maintain the integrity of each spouse’s
respective separate property. For clients executing a pre-
or post-nuptial agreement, our tax partner can memorialize
the character of the property each spouse owns creating
a living trust that controls the disposition of the separate
property estates.
Trusts
The firm frequently recommends trusts to preserve the estate,
enhance income and minimize estate taxes.
The creation of a $675,000 trust to utilize a lifetime gift/estate
exemption is an important tool. For several clients, trusts
have grown tremendously and will eventually save their estates
significant amounts in estate taxes.
Our tax partner has devised an estate plan
involving a charitable remainder and insurance trust. Clients
can transfer the stock in the family and the stock is then
sold without any current income tax liability. The charitable remainder trust will
provide a stream of income to the clients for the rest of
their lives.
Clients also can purchase an insurance policy
to fund the estate tax liability thereby preserving the wealth that they wish to pass to their children.
The insurance can be purchased by an insurance trust. At
the death of the clients, the trust will pay in all the
funds to the children, with no estate taxes. Thus, the overall
plan can save the clients a significant sum on current income
taxes, and eliminate all estate taxes depending on the clients’
current estate size.
Tax
The firm’s tax practice involves counseling, planning,
and representing clients’ to achieve favorable tax
treatment. Our lawyers work on all tax aspects of domestic
business transactions; secure tax exemption for religious,
charitable, educational, and other organizations; provide
counseling on individual income, estate, and gift tax matters;
and prepare and administer trusts and estates. Our clients
include privately-held businesses, individuals, trusts and
estates, tax-exempt organizations, and governmental and
quasi-governmental entities.
Corporate & Individual Tax Planning
• Tax Planning for the Acquisition/Disposition of
Real Estate;
• S Corporation Tax Planning;
• Tax Planning for the Termination of a Business;
• Single Member Limited Liability Companies;
• Tax Planning for Entity Conversion;
• Succession Planning for the Business Owner;
• Tax Planning to enable the Family Farm to stay in
the Family;
• Tax Planning for Intra-Family Sales;
• Tax Planning to address the amendments in carryover
• and step up in basis
rules;
• Preparation and Counseling regarding Buy-Sell Agreements.
Real Estate
The firm’s Real Estate practice covers a
wide range of substantive areas involving residential, commercial
and industrial real estate. The representation includes purchase and sale,
tax deferred exchanges, real estate finance, development,
property tax issues, contract and operational issues, and
representation in leasing transactions. We apply advantageous
tax planning techniques in the negotiation of real estate
transactions, selection and formation of entities, and the
preparation of supporting legal documentation to address
all facets of a transaction. Our real estate experience
is especially valuable in connection with the sale, leasing
and financing of real estate assets in probate, trust and
conservatorship settings. The firm also is experienced in
the negotiation and preparation of complex leases and the
speedy resolution of landlord/tenant disputes.
We advise our clients in the following areas:
Business Organizations
• Business Contracts
• Corporation Formation
• General and Limited Partnerships
• Limited Liability Companies
• Tax Planning and Analysis
• Purchase and Sale of Businesses
• Securities Law
• Business Mergers and Acquisitions
• Real Property Taxation
• Tax Deferred Exchanges
• Real Estate Tax Planning
Municipal Law and Services
Our attorneys serve as corporation counsel to area
cities and are counsel for specific matters for other governmental
entities. We offer experience and expertise in municipal
law, municipal assessment and tax appeals, contracting and
municipal boards and commissions, police and fire issues.
Local government touches all of our lives.
It provides police protection and emergency services; collects
and disposes of trash; builds and maintains streets, sewers,
jails, and other public facilities; decides zoning issues;
establishes and administers the budget; weighs financing
options; enacts and enforces local laws; and plans for growth.
These are huge responsibilities for the officials of counties,
cities, towns, and municipalities, who often undertake these
duties under tight budget constraints. Our municipal law experience assists local officials in
numerous cities, towns, counties, and regions across Arkansas.
Municipal Services:
• Ordinance Drafting
• Contract Drafting
• Construction Contracts
• Litigation
• Immunity Law
• Constitutional Law
• Administrative Procedures, and
• Representing our clients interests before administrative,
• judicial, and legislative
officers
• Employment policies
Our experience can save clients time and litigation
expense. It also helps local governments move ahead instead
of being stalled due to unresolved legal issues. We have
advised our clients about wrongful termination, wage and
hour laws, sexual harassment and discrimination, grievance
procedures, and employment contracts. We provide advice
on other employment issues and prepare, among other things,
employee manuals and employment and confidentiality agreements.
