Mr.Davis practices in the Firm’s El Paso, Texas and Las Cruces, New Mexico offices. He advises individuals and families in estate planning, transfer taxation, asset protection, and closely held and family business matters. He also advises individual and corporate fiduciaries regarding administration and taxation issues affecting trusts, estates and family-owned businesses.For individuals, Mr. Davis focuses on creating complex multi-generational wealth transfer plans. His comprehensive custom plans go beyond credit shelter or bypass trusts and marital deduction planning that are the foundation for any estate plan.
Mr. Davis’s plans also include, in appropriate circumstances, full utilization of an individual’s exemptions from the generation-skipping transfer tax with a view towards creating true dynasty trusts that extend for multiple generations, if not into perpetuity.Specialized trusts for lifetime transfers designed either to avoid or reduce transfer taxation or to maximize available exemptions from such taxation also are a focus of Mr. Davis’s practice. These trusts include Irrevocable Life Insurance Trusts, Grantor Retained Annuity Trusts and Unitrusts, Charitable Remainder Trusts, Charitable Lead Trusts, and Children’s Trusts.Mr. Davis also regularly prepares customized Family Limited Partnerships and Family Limited Liability Companies to provide a more effective means of managing the familybusiness and investments, and providing creditor protection and, potentially, valuation discounts for estate tax purposes.Because of the firm’s proximity to Mexico, many of Mr. Davis’s clients also have special issues because they are not either United States citizens or residents, or both.Incapacity caused by dementia or Alzheimer’s disease also is of special concern to Mr. Davis.
Accordingly, Mr. Davis designs special provisions for living trusts to minimize the need for legal proceedings in the face of these diseases, thus easing the transition to successor trustees when help is needed. He also creates Third-Party Special Needs Trusts, which can be important for married clients and parents of children who are disabled or otherwise eligible for government benefits like Medicaid.As part of the probate process, Mr. Davis also prepares United States Estate Tax Returns and advises the family’s accountants regarding such returns. He also assists trustees of split–interest trusts to prepare necessary information returns regarding the trust’s activities to the IRS.Mr. Davis offers a unique perspective and expertise to his clients given that he was primarily a litigator in the Firm’s employment and commercial litigation sections for eleven years. During that time, he was lead counsel for several publicly traded companies or their subsidiaries, including Raytheon Technical Services Company; Waste Connections, Inc.; Iron Mountain, Inc.; Lear Corporation; and Union Pacific Railroad Company.
In 2005, for example, Mr. Davis successfully defended Raytheon in an international discrimination lawsuit by obtaining, first, a partial summary judgment, and then, at trial, a directed verdict against the plaintiff that was affirmed by the United States Court of Appeals for the Fifth Circuit.During law school at the University of Texas, Mr. Davis interned with Justice Lloyd Doggett of the Supreme Court of Texas ― the highest civil court in the state. He graduated with honors and was inducted into the Order of the Coif, an honor extended only to the top ten percent of graduates. Mr. Davis moved to El Paso initially to serve as a law clerk to United States District Judge Harry Lee Hudspeth.Mr. Davis has been active in a number of professional organizations focusing on the estate planning practice, including as a Fellow of the American College of Estate and Trust Counsel (ACTEC), the Tax Section of the State Bar of Texas (where he served as a Vice Chair of the Estate and Gift Tax Committee), the Real Estate, Probate and Trust Sections of both the State Bar of Texas and the State Bar of New Mexico (where he served on the Section’s Board of Directors as Budget Officer), the El Paso Estate Planning Council (where he currently serves on the Board of Directors), the El Paso Probate Bar and the Southern New Mexico Estate Planning Council (where he is a past-President). He also has served on the Planning Committee for the Annual Southern New Mexico Estate Planning Institute, in Las Cruces, New Mexico. In 2016, Mr. Davis was accepted as a Fellow in the American College of Estate and Trust Counsel, an organization of the leading estate planning and probate lawyers in the country.
In each year beginning in 2014, Mr. Davis also has been selected as a Texas Super Lawyer in Estate Planning and Probate, an honor extended to the top 5% of Texas lawyers. Also in April, 2009, the Community Foundation of Southern New Mexico named Mr. Davis the Rio Grande Professional Advisor of the Year.
Mr. Davis is actively involved in the community. He volunteers with the New Mexico State University Foundation with whom he co-hosts an annual Women’s Estate Planning Conference in Las Cruces. He also serves on the Community Foundation of Southern New Mexico Professional Advisory Committee. He also served for six years as a member of the Board of Trustees for El Paso’s Insights Science Museum, including as Vice President. Mr. Davis also was a participant in the Leadership El Paso Class XXIX, sponsored by the Greater El Paso Chamber of Commerce and also previously served as a member and vice president of Keep El Paso Beautiful, Inc., and is an active member of Beth El Bible Evangelical Free Church.
|TX||Eligible To Practice In Texas||1994||07/18/2019|
|Award name||Grantor||Date granted|
|Super Lawyer||Super Lawyers||2016|
|Board Certified - Estate Planning and Probate Law||Texas Board of Legal Specialization||N/A|
|Shareholder||Scott, Hulse, Marshall, Feuille, Finger & Thurmond, PC||1995 - Present|
|Association name||Position name||Duration|
|American College of Trust and Estate Counsel||Fellow||N/A|
|State Bar of Texas, Real Estate, Probate and Trust Section||Member||N/A|
|El Paso Estate Planning Council||Member||N/A|
|El Paso Probate Bar Association||Member||N/A|
|Southern New Mexico Estate Planning Council||Former President||N/A|
|Annual Southern New Mexico Estate Planning Institute||Planning Committee||N/A|
|Community Foundation of Southern New Mexico Professional Advisor of the Year||N/A||N/A|
|El Paso's Insights Science Museum||Board of Trustees, Former Vice President||N/A|
|Leadership El Paso Class XXIX||Member||N/A|
|Keep El Paso Beautiful, Inc.||Former Vice President||N/A|
|State Bar of Texas, Taxation Section, Estate and Inheritance Tax Committee||Vice Chair||2014 - 2016|
|State Bar of New Mexico, Real Property, Trust and Estate Section||Board of Directors||2011 - 2013|
|Texas Tax Lawyer||Federal Transfer Taxes for International Clients||2014|
|Texas Lawyer||Key Points as EGTRRA’s Sunset Looms||2010|
|University of Texas School of Law||Doctor of Jurisprudence/Juris Doctor (J.D.)||1994|
|Texas A&M University||B.A.,||N/A|
|2017 Intermediate Estate Planning & Probate Course||“Dissecting LLC Company Agreements”||2017|
|24th Annual Estate Planning Institute. Community Foundation of Southern New Mexico||2016 Legislative Changes Affecting New Mexico Estate Planning and Probate Practice||2016|
|UTEP Estate Planning Conference for Women in El Paso||Basic Transfer Tax Planning Considerations||2015|
|New Mexico State University Estate Planning Conference for Women||Course Director for the 8th Annual New Mexico State University Estate Planning Conference for Women||2015|
|26th Annual Estate Planning & Probate Drafting Course||Powers of Appointment. Lecture and paper||2015|
|26th Annual Estate Planning & Probate Drafting Course||Drafting and Exercising Powers of Appointment||2015|
|7th Annual New Mexico State University Estate Planning Conference for Women in Las Cruces||Course Director for the 7th Annual New Mexico State University Estate Planning Conference for Women in Las Cruces||2014|
|38th Annual Advanced Estate Planning & Probate Course of the State Bar of Texas in San Antonio||Administration of the Estate with Cross Border Issues||2014|
|UTEP Estate Planning Conference for Women in El Paso||Basic Transfer Tax Planning Considerations||2013|
|Houston Attorneys in Tax and Probate Luncheon in Houston||International Estate Planning||2013|
|6th Annual New Mexico State University Estate Planning Conference for Women in Las Cruces||Course Director for the 6th Annual New Mexico State University Estate Planning Conference for Women in Las Cruces||2013|
|21st Annual Estate Planning Institute of the Community Foundation of Southern New Mexico in Las Cruces||The Nuts and Bolts of a New Mexico Will||2013|
|El Paso Estate Planning Council Luncheon||Business Succession Planning||2012|
|20th Annual Estate Planning Institute of the Community Foundation of Southern New Mexico||A Stroll Through the Uniform Probate Code||2012|
|University of Texas at El Paso Estate Planning Conference for Women||Legal and Practical Aspects of Estate Planning||2011|
|2011 Tax Considerations in Estate Planning Course of the State Bar of New Mexico in Albuquerque||Federal Estate Taxes||2011|
|2011 Southwest Regional Conference of the American Society of Women Accountants in Las Cruces,||Estate and Trust Accounting Under the Uniform Probate and Trust Codes||2011|
|19th Annual Estate Planning Institute of the Community Foundation of Southern New Mexico in Las Cruces||Business Succession Planning||2011|
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