ATTORNEY BIOGRAPHICALS
David Nicol Williams, Esquire
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Williams College, B.A. 1957
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Columbia University School of Law, L.L.B. 1960
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New York University L.L.M - Taxation 1966
David N. Williams is President and Director of the firm. He served as special counsel on Tax Litigation for the State of Delaware, was a member of the Delaware State Board of Accountancy, was an attorney for the Governor’s Revenue Study Committee and became Vice Chairman. He served as Chairman of the Committee on Taxation and is currently a member of the Sections on Taxation and Estates and Trusts.
He is past President of the Delaware Estate Planning Council and the Wilmington Tax Group. He has presented seminars for the National Law Foundation and has been a guest lecturer at the Widener University School of Law on Estates and Trusts.
His practice focuses primarily on taxation, estate planning, estate administration, business transactions, real estate and corporate law.
John Legaré Williams, Esquire
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Williams College, B.A. 1998
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Emory University School of Law, J.D. 2001
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Pennsylvania Bar 2002
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New Jersey Bar 2002
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Delaware Bar 2003
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Massachusetts Bar 2003
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New York Bar 2004
John Williams is Vice President and Partner. He served as summer clerk in the Delaware Court of Chancery for Vice Chancellor Jack B. Jacobs in 1999 (presently a Delaware Supreme Court Justice). He served as a summer clerk in the Delaware Supreme Court in 2000 for Justice Joseph T. Walsh. He worked for The Coca-Cola Company in the patent law division of their worldwide corporate legal department. He is a member of the Delaware Trial Lawyers Association, Delaware Bar Association and New York Bar Association among others.
He has added vigor and continuity to the law firm. He has added an intellectual property, bankruptcy, and civil litigation dimension to the practice. He has also helped integrate new research technology to enhance the practice.
Our attorneys are also active members of the community:
John L. Williams serves on the Board of the Wilmington Youth Rowing Association and coaches the University of Delaware men's rowing team.
David N. Williams, Esq. serves on the board of the Delaware Breast Cancer Coalition.
PRACTICE AREA PROFILES
Chapter 11 Corporate Bankruptcy Creditor Counsel
We assist creditors who have been sued in the Federal Bankruptcy Court for the District of Delaware. Often creditors are paid for goods or services 90 days before a Debtor files for bankruptcy. The court has the power to "avoid" these transactions in certain circumstances. These actions are called "adversary proceedings". John Williams has experience using defenses of "New Value" and "Ordinary Course of Business" to reduce the amount that is claimed to settle many cases for a fraction of the original complaint amount. If you have been served with a complaint, you must "Answer" the complaint timely to avoid a default judgment.
He has also moved for the admission of out-of-state counsel Pro Hac Vice permitting them to represent clients before Delaware courts.
The professional approach, client attention and reasonable professional rates have helped grow the firm's bankruptcy practice.
Corporate and Estate Litigation
Recently, we have represented plaintiffs and defendants in the Delaware Court of Chancery. We have brought a derivative stockholder lawsuit for breach of fiduciary duty. We have represented a limited liability company member in defending an action to dissolve the company.
We have also represented estate beneficiaries who were denied their rightful share of an estate involving previously untested areas of Delaware and Florida law.
Wills, Trusts and Estate Planning
Our approach toward estate planning is to review the assets of our clients. We then advise on the type of Wills and/or Trusts they should have for tax purposes. We advise on:
• Revocable (Living) Trusts,
• Irrevocable Life Insurance Trusts,
• Delaware Dynasty Trusts, and/or
• Delaware Asset Protection Trusts.
We explain the use of and prepare Durable Powers of Attorney and Living Wills. We also help clients decide on the distribution of their assets and choice of Guardians, Trustees and Executors. We then suggest the way assets should be coordinated with the estate planning to minimize taxes and to avoid or reduce probate and estate administration expenses. We also prepare any changes in beneficiary designations and ownership of assets upon which our clients agree to be consistent with tax and estate planning. Due to changes in the law and the circumstances of clients we recommend that our client’s estate planning be reviewed every five years.
Probate, Estate Settlement and Trust Administration
We advise and represent Executors and Administrators in the Federal and State legal and tax issues involved in probate and settlement of estates in Delaware, Florida, Pennsylvania and New Jersey.
Individual Tax and Financial Planning
In addition to estate planning, we advise and represent clients and review or prepare documentation for clients on their individual tax and financial planning. For instance, through Gifts, Trusts, Limited Liability Companies (LLCs) and S Corporations, we suggest ways to minimize death taxes or to divert income to children for their education or to older relatives for their care which will be taxed at lower rates before it is used for those purposes.
Tax Audits and Appeals
We also represent clients during tax audits and the administrative appeals of proposed corporation, estate or individual tax deficiencies. We advise and represent clients in tax related litigation before state agencies, state and federal courts and the United States Tax Court.
Real Estate and Landlord/Tenant
We review, negotiate and prepare contracts for the sale, purchase, refinancing or lease of real estate. We also do title searches, issue title insurance and hold settlements on the purchase and financing of real estate. We also go to court to represent landlords and tenents in commercial and residential leases.
We give individual owners, investors and developers tax advice on the best way to purchase, own and sell their real estate, including 1031 tax-free exchanges.
Business Transactions, Formation, Purchase and Sale of Businesses
We advise and represent clients in the negotiation and documentation of the purchase and sale of businesses. We advise on Trademark registrations. We advise clients on the alternatives for the ownership and operation of their business. We help clients form corporations, limited liability companies and partnerships. We also prepare the stock purchase agreements, employment agreements and other documents used in these entities. We emphasize and provide for the tax considerations in these transactions. We represent clients before the Delaware Alcohol Beverage Commissioner in seeking approval or transfer of a liquor license.
Incorporation, LLC, and Registered Agent Services (DE, FL, and NV)
We also operate Agents and Corporations, Inc. which provides incorporation and registered agent services in Delaware, Florida, and Nevada for customers throughout the United States and around the world. Agents and Corporations, Inc. can check name availability and form a corporation or limited liability company in one day because we are online with the computer in the Delaware, Florida and Nevada Corporation Departments. We include a Legal and Tax Strategies Explanation on the choice of entity, tax elections with the IRS, and tax deductions with IRS Forms. Minutes, Promissory Notes, and Medical Expense Reimbursement Plan. We also advise on the formation and operation of Delaware holding companies. For more information check our website at www.INCNOW.com Orders can be given by phone, E-Mail or Fax. We accept all credit cards.
UCC Searches and Filings
Agents and Corporations, Inc. is online with the Delaware Secretary of State to make UCC searches and UCC filings. Visit our incorporation website: www.INCNOW.com. Orders can be made by phone fax or e-mail. We accept all credit cards.
