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PRACTICE AREAS

Real Estate

REAL ESTATE

Real Estate Management, Property Management, Mortgages

Here at Smith, Smith, Montgomery & Chamberlain, LLC, we understand the complexities involved in dealing with real estate. Over the years, our team has gathered the knowledge required to complete real estate transactions as smoothly and efficiently as possible. The goal of our team is to relieve the burden of stress from you when dealing with your real estate transaction. 

Closing
Closing a real estate transaction is not as simple as signing a few pieces of paper. In a real estate transaction, closing is the most important step. Without properly completing this process, you will not gain ownership of the property. Smith, Smith, Montgomery & Chamberlain, LLC, will prevent you from having to worry about a fallout in this vital step. 

Title Evidence
Having a title insurance policy or an attorney's certificate of title may not be required for every transaction, but having the right evidence of title helps protect you from complications that can occur in real estate transactions. Our team will assist you in selecting and providing the right evidence of title. 

Real Estate Litigation
Our attorneys are well-trained and experienced in matters involving real estate litigation. We can advise you as to your rights, claims, defenses, and the possible scenarios that might follow in real estate litigation matters. 

Contracts and Contract Development (Purchases, Sales, and Leases) 
The complex language of contracts can make them difficult to understand. Signing a contract without understanding its contents can have disastrous and unnecessary consequences. Our attorneys will assist you with contract review and drafting so you will know what you are signing.  

LLCs, Corporations, Trusts, Partnerships, and other Entities
Real estate transactions are even more complex when different forms of legal entities are involved. Regardless of whether your property is owned by you individually, or by another legal entity, our team has the experience required to provide the guidance you need. 

Tax Deferred Exchange
Our firm assists clients in coordinating tax deferred exchanges (often referred to as a 1031 exchange). These transactions can be complicated and time consuming. We can assist you in coordinating your tax deferred exchange sale and purchase.

Estate Planning

ESTATE PLANNING

Trusts, Wills, Probate

Smith, Smith, Montgomery & Chamberlain, LLC assists clients in the areas of estate planning and administration, trust planning and administration, and Medicaid planning. Our probate and estate practice includes:

  • Wills

  • Trusts

  • Advice on ownership of assets

  • Easing the transfer of assets at death

  • How to avoid probate administration

  • Family business succession planning

  • Transfer of non-probate assets

Other areas of our estate, trust, and probate practice include: 

  • Probate administration

  • Trust administration

  • Representation of executors, administrators, and trustees

  • Guardianship establishment and administration

  • Elder care, nursing home, and Medicaid planning

  • Drafting and preparation of trusts, both revocable and irrevocable

  • Client consultation and advice for blending trusts, wills, transfer on death designations, business entities, and other alternatives to achieve the most efficient, cost-effective outcome based on client goals

  • Family business succession planning

  • Estate tax return preparation (where applicable)

Civil Commercial

CIVIL & COMMERCIAL

Property Disputes, Personal Injury

Our practice as general civil trial lawyers encompasses personal injury, wrongful death and property damage, whether suffered by you or caused by you. 

 

Personal Injury

We will work to make sure you and your family are represented in the case of an accident or injury. 

 

Wrongful Death

In the midst of your grief, we will be here to help pursue justice for you and your loved ones.

 

Property Damage

Whether the destruction was caused by negligence or a willful act, we will work to help you recover compensation for your losses.

 

Disputes

When you have a dispute involving an contract, agreement, work performed or other dispute, we can advise you as to your claims, defenses, and the possible scenarios that might follow.

Business Law

BUSINESS LAW

Contracts, Mergers, Negotiations

Smith, Smith, Montgomery & Chamberlain, LLC has an extensive history of working with small and medium sized businesses and farms, whether in form of LLC's, Corporations, Partnerships, or Sole Proprietorships. 

Through all aspects of establishing, maintaining, and passing the business on to the next generation, our team can offer you the guidance you will need. 

Successfully completing the process through which a business is formed requires a deep understanding of business law and regulations. Our attorneys have the necessary experience to help you through this stage. 

Our business and corporate services include:

  • Establishment of LLC's, Corporations, and Partnerships

  • Preparation of operating documentation for existing businesses

  • Assisting clients with buying and selling existing businesses

  • Contract negotiations

  • Succession planning for family owned businesses

  • Risk management and organizational structure

  • Agricultural business organization and operation

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