Erik Schimmelbusch founded Schimmelbusch Law Group PC in 2010. His firm serves clients in Oregon, Washington, California and Nevada with matters related to estate planning and administration, business succession planning and charitable planned giving. Prior to forming Schimmelbusch Law Group PC, Erik was a partner at Davis Wright Tremaine LLP, in Portland, Oregon, where he practiced for 13 years. Erik also practiced with Trainor Robertson (now Trainor Fairbrook) in Sacramento, California from 1995 – 1997.
Erik focuses his practice on estate planning and administration for clients in Oregon, Washington and California. Erik draws on his knowledge of state and federal laws and regulations to assist his clients with a variety of uniquely complex and diverse issues.
Erik is a Fellow in the American College of Trust and Estate Counsel (ACTEC), a prestigious organization of highly credentialed trust and estate lawyers peer elected to membership. Candidates for election to be ACTEC Fellows must meet rigorous eligibility criteria, with respect to contributions in the trust and estates area of legal practice, including teaching, publishing and other professional accomplishments.
Erik served in 2016 as the Chair of the Oregon State Bar Estate Planning and Administration Section Executive Committee. He also has an AV (Preeminent) peer-reviewed rating by Martindale-Hubbel, and was designated a "Super Lawyer" in 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 2020 AND 2021 by Super Lawyers, published by Thompson Reuters.
Erik has authored articles and continuing legal education materials on estate planning, business and tax law. He frequently speaks on tax, business, and estate planning issues before civic, professional, and educational groups.
Erik's clients include financial institutions, professional fiduciaries, charitable organizations and individuals.
Practice Highlights
- Traditional wills and trusts, including marital deduction and federal estate tax exemption planning and estate planning for non-citizens
- Business succession planning
- Post-mortem administration of estates and trusts, including preparation of federal estate tax returns and state inheritance tax returns
- Gift tax, estate tax and generation-skipping transfer tax (both planning and reporting)
- Irrevocable life insurance trusts
- Charitable gift planning, including charitable remainder trusts, charitable lead trusts, life estate gifts, charitable donations of medical practices, and general advice to individual clients and nonprofit organizations on planned giving issues
- Protective proceedings for incapacitated persons, including representation of numerous individual and institutional fiduciaries serving as guardian or conservator and representation of music recording companies and publishing companies in obtaining court approval of contracts entered into with child artists and authors
- Gift planning vehicles to facilitate family wealth transfers, including grantor retained annuity trusts, qualified personal residence trusts and sales to intentionally defective grantor trusts, and irrevocable trusts to manage assets for beneficiaries
- Family limited liability companies and family limited partnerships designed to maximize wealth transfer leverage through valuation discounts
- Repair of failed planning documents
- General advice to fiduciaries, including determination of principal and income and advice regarding fiduciary duties
Selected Experience
- Estate and business succession planning for fourth-generation, private, family-owned cold storage warehouse and logistics company
- Multigenerational estate planning for numerous CEOs and shareholders of privately held and publicly traded businesses in Oregon, Washington and California
- Design and implementation of irrevocable life insurance trusts (ILITs)
- Estate and business succession planning for private, family-owned Oregon building products distribution business
- Estate and business succession planning for private, family-owned 850-acre Oregon guest ranch
- Estate and business succession planning for second generation of California food product manufacturing business
- Estate and business succession planning for multi-generation private, family-owned California real estate investment company
- Design and implementation of intentionally defective grantor trust (IDGT) structure for family succession of cattle business
- Design and implementation of grantor retained annuity trust (GRAT) funded with interests in family real estate development project and marketable securities
- Estate and business succession planning for multi-generation Oregon assisted living facility owner and operator
- Preparation of federal estate and gift tax returns (IRS Forms 706 and 709) and Oregon and Washington inheritance tax returns; representation in estate tax audits
- Formation and funding of limited liability companies, limited partnerships and corporations to hold family business and investment assets; gift planning and implementation utilizing discounted interests in family entities
- Design and implementation of qualified personal residence trusts
- Charitable planned giving representation for large Oregon-based foundation supporting hospital and health care entities, including charitable remainder trusts, charitable lead trusts, charitable gift annuities, donation of remainder interests in farm and residential properties, and contributions of medical practices
- Representation of numerous individual donors in structuring and implementing charitable planned giving strategies, including charitable remainder trusts, charitable lead trusts, and direct contributions of real property
- Qualified reformation (judicial modification) of incorrectly drafted charitable remainder unitrust
- Judicial and non-judicial modifications, and early terminations of irrevocable trusts
- Modification of terms of irrevocable trust by use of a decanting trust
Presentations
"Succession Planning for Business Owners," Financial Planning Association of Oregon and Southwest Washington 7.16.14
“Fundamentals of Estate Planning,” Providence Medical Foundations, Portland, Oregon 5.7.14
"Planned Giving Strategies in a Changing Economy," Estate Planning Council of Southwest Washington, Vancouver, Washington 10.26.13
"Fundamentals of Estate Planning," Providence Medical Foundations, Portland, Oregon 5.2.13
"Charitable Gifts with Retained Life Estates," 24th Northwest Planned Giving Roundtable Conference, Portland, Oregon 9.12.12
"Estate Planning," Providence Medical Foundations, Portland, Oregon 5.3.12
"Leverage Techniques for Transferring Wealth," Northwestern Mutual Financial Network, Portland, Oregon 12.16.11
"Planning Opportunities in a World of Low Interest Rates," Providence Willamette Falls Medical Foundation, Oregon City, Oregon 11.8.11
"Estate Administration Procedures: Why Each Step is Important," National Business Institute Seminar, Portland, Oregon 8.4.11
"2011 Tax Law Changes and Opportunities," Northwestern Mutual Financial Network, Portland, Oregon 1.20.11
"Succession Planning for Small Business Owners: Charitable Options May Help," Oregon Health & Science University Foundation Fall 2010 Gift Planning Workshop, Portland, Oregon, 10.21.10
"2010 Tax Law Changes and Planning Opportunities," Oregon Community Foundation Fall Philanthropy Forum (Portland, Oregon; Salem, Oregon; Eugene, Oregon; and Bend, Oregon September and October 2010)
"Charitable Planning Strategies for Family Business Owners," 22nd Northwest Planned Giving Roundtable Conference, Portland, Oregon, 9.14.10
"2009 Tax Law Changes and Planning Opportunities," Oregon Community Foundation Fall Philanthropy Forum (Portland, Oregon; Eugene, Oregon; and Bend, Oregon September and October, 2009)
"Tax Reduction Strategies Using Lifetime and Annual Gifting," Lorman Educational Services, Portland, Oregon, 12.14.07
"Key Issues in Estate Planning and Probate in Oregon," National Business Institute Seminar, Portland, Oregon, 7.29.02
Publications
"Practice Tip: HIPAA Releases," Oregon State Bar Estate Planning and Administration Section Newsletter, Volume XXXI, No. 1, January 2014
"Estate Planning Under the Taxpayer Relief Act of 2012," Oregon State Bar Estate Planning and Administration Section Newsletter, Volume XXIX, No. 1, January 2013
"Help Your Estate by Paying Close Attention to the '7520' - Low Asset Values and Low Interest Rates Create New Wealth Transfer Opportunities," Portland Business Journal, 03.16.12
"Storage and Disposition of Original Estate Planning Documents," Oregon State Bar Estate Planning and Administration Section Newsletter, Volume XXVIII, No. 2, April 2011
"Estate Planning Considerations in Marital Dissolutions," Oregon State Bar Family Law Newsletter, Volume XXIX, No. 3, June 2010
“Careful Planning Will Avoid Unwanted Estate Tax Surprises,” Portland Business Journal,” 03.19.10
"Estate Planning Acronyms," Oregon State Bar Estate Planning and Administration Section Newsletter, Volume XXVII, No. 1, January 2010
"Financing School Projects with Tax Credit Bonds," Tax Exempt Leasing Letter (Association for Governmental Leasing & Finance), Summer 2009
"Steep Decline in Asset Values Benefits Business Transfers, Portland Business Journal, 03.20.09
"Essential Tools of Charitable Giving," Portland Business Journal, 03.14.08
"The LLC as a Family Life Insurance Planning Tool," Oregon State Bar Estate Planning and Administration Section Newsletter, Volume XVIII, No. 2, April 2001
"Charitable Planning with Retirement Benefits," Oregon State Bar Estate Planning and Administration Section Newsletter, Volume XVII, No. 3, July 2000
"Rethinking the Distinction Between Principal and Income: The Unitrust Concept," Oregon State Bar Estate Planning and Administration Section Newsletter, Volume XVII, No. 1, Jan. 2000
"Practicing Under California's Version of the Revised Uniform Partnership Act Part II: Annotated Partnership Agreement," Business Law News, Official Publication of the Business Law Section - State Bar of California, Summer 1997 (Co-Author)
"Practicing Under California's Version of the Revised Uniform Partnership Act," Business Law News, Official Publication of the Business Law Section - State Bar of California, Winter 1997 (Co-Author)
"Pretrial Restraint of Substitute Assets Under RICO and the Comprehensive Drug Abuse Prevention and Control Act of 1970," 26 Pacific Law Journal, 1995
Professional & Community Activities
- Fellow, American College of Trust and Estate Counsel (ACTEC), 2011-present
- Chair, Oregon State Bar Estate Planning and Administration Section Executive Committee, 2016; Secretary, 2013; Treasurer, 2014; Chair-Elect, 2015
- Editorial Board, Oregon State Bar, Estate Planning and Administration Section Newsletter, 1999-2004; 2008-1014
- Planned Giving Advisory Board, Columbia Willamette Chapter, United Way, 2007
- Planned Giving Advisory Committee, Guide Dogs for the Blind, 2004-2010
- Legal Committee, Cascade Pacific Council, Boy Scouts of America, 2003-2004
- Endowment Committee, Cascade Pacific Council, Boy Scouts of America, 2018-present
- Board of Directors, Portland Baroque Orchestra, 2003-2006
Professional Recognition
Fellow, American College of Trust and Estate Counsel (ACTEC)
Rated AV Preeminent by Martindale-Hubbell
Selected as a "Super Lawyer," 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 and 2021, Super Lawyers (Oregon) (Thompson Reuters)
2011, 2012, 2013 and 2014 FIVE STAR Wealth Manager (representing less than 4 percent of wealth professionals in the Portland area), as published in Portland Monthly, May 2011, May 2012, May 2013, and May 2014)
Other Honors
Boy Scouts of America: Eagle Scout, Order of the Arrow
Education
B.A., Humanities, Brigham Young University, 1992
LL.M., Business and Taxation, University of the Pacific, McGeorge School of Law, 1997
J.D., University of the Pacific, McGeorge School of Law, 1995
Bar Admissions
California, 1995
Oregon, 1997
Washington, 2010
S C H I M M E L B U S C H
ERIK S. SCHIMMELBUSCH, ATTORNEY AT LAW
