Contact Information

555 Capitol Mall 9th Floor

Sacramento CA 95814

916.325.4516

slist@mhalaw.com

Practice Focus

Estate Planning

Probate

Trusts & Estates

Taxation Law

Estate Tax Returns

Gift Tax Returns

L. Stuart List | Shareholder

Professional Experience

Stuart List practices in the firm’s Business Services practice group, estate planning and probate law subgroup. He is certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Estate Planning, Trust and Probate Law. In addition, Stuart is a certified public accountant.

Stuart’s practice focuses on estate planning and drafting for complex estates to minimize estate and gift taxes, generation-skipping taxes, income taxes and property taxes as well as post-death administration of complex estates that require tax expertise. He has extensive experience in preparing revocable and irrevocable trusts, including life insurance trusts; dynasty or generation-skipping trusts; charitable trusts; QPRTs; GRATs and other grantor trusts; advising clients regarding lifetime gifts and/or sales of assets to family members (or to trusts for family members) to transfer wealth from one generation to the next in a tax efficient manner; advising clients regarding the formation of family-owned business entities, such as partnerships and limited liability companies; advising clients in connection with the post-death administration of trusts and estates; preparing estate and gift tax returns; and preparing premarital and other property agreements.

Recent Matters

Advised trustee regarding post-death administration of trust. Assets consisted primarily of family partnership interests that owned significant farming properties, fractional interests in real property and promissory notes. Worked closely with appraisers to obtain valuation discounts. Prepared estate tax return and made tax election for special use valuation under IRC section 2032A, and protective election to defer estate taxes under IRC section 6166. Claimed a deduction on the estate tax return for a qualified family-owned business interest under IRC section 2057, and for interest on a loan used to pay estate tax pursuant to the Estate of Graegin v. Commissioner.

Advised surviving spouse regarding disclaimer of predeceased spouse’s assets to utilize predeceased spouse’s estate tax exemption.

Advised clients regarding gifts of fractional interests in real property located near development property. Made gifts of fractional interests in real property to charitable remainder trusts, and to trusts for children and grandchildren. Created limited partnership for portion of property and gifted partnership interests to GRATs for family members and sold partnership interests to other family members. Prepared gift tax returns to disclose gifts and non-gift sale of assets. Advised clients in connection with property tax considerations.

Advised client regarding formation of family limited partnership to consolidate and manage securities owned by separate trusts. Created generation-skipping trusts for children and sold partnership interests to trusts. Trusts were structured as grantor trusts for income tax purposes. Prepared gift tax returns to disclose non-gift sale of partnership interests.

Presentations/Publications

Presenter, “Estate Planning and Administration: Annual Recent Developments,” Continuing Education of the Bar, Sacramento, January 2006, 2007 and 2008

Presenter, “Family Limited Partnerships,” McDonough Holland & Allen PC, September/October 2005

Presenter, “Tax Consequences of Conservation Easements,” North Valley Estate Planning Council, Chico, February 2003

Presenter, “Tax Consequences of Conservation Easements,” Co-Sponsored by McDonough Holland & Allen PC and the Great Valley Center, June 2002

Presenter, “New Minimum Distribution Regs (For IRAs and Qualified Retirement Plans),” Gold Country Estate Planning Council, Grass Valley, October 2001

Presenter, “Distributions from IRAs and Qualified Plans,” Sacramento County Bar Association Tax Section, March 2001

Presenter, “Donating Conservation Easements - To Protect Your Land/Reduce Your Taxes,” McDonough Holland & Allen PC, September 1999

Presenter, “Post-Death Administration of Assets,” McDonough Holland & Allen PC, June 1999

Presenter, “New Tax Incentives for Family-Owned Businesses - Section 2057: Who, What, How, Why (or Why Not),” McDonough Holland & Allen PC, August 1998

Presenter, “Planning the Smaller Estate,” Continuing Education of the Bar, Sacramento and Yosemite, January/February 1998

Presenter, “Fundamentals of Estate Planning,” Continuing Education of the Bar, Sacramento, April 1996

Leadership Positions/Affiliations

Estate Planning and Probate Law Subgroup Leader, McDonough Holland & Allen PC

Member, Sacramento Estate Planning Council

Member and Past President, Sacramento County Bar Association – Estate Planning and Probate Section

Member, State Bar of California – Estate Planning, Trust and Probate Law Section

Past Committee Member, American Cancer Society Planned Giving Advisory Committee, North Valley Region, 2004

Honors/Awards

Recognized as a 2005, 2006, 2007 & 2008 Northern California Super Lawyer®

MHALaw Search

Admitted to Practice

State Bar of California, 1989

Certified Specialist in Estate Planning, Trust and Probate Law, the State Bar of California, Board of Legal Specialization

Licensed as a Certified Public Accountant, 1986

Education

University of the Pacific,

McGeorge School of Law

J.D., 1989

Dean's Honor Roll

Recipient, Prentice-Hall Student Award for Outstanding Senior Student in Tax Subjects, 1989

Member, International Moot Court Honors Board

International Moot Court Memorial Finalist

California Polytechnic State University

B.S., Business Administration (Accounting concentration), 1984