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R. Glenn Davis
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R. Glenn Davis
Shareholder

Contact Info
El Paso
T: (915) 546-8253
F: (915) 546-8333


Las Cruces
T: (575) 522-0765
F: (575) 522-0006


El Paso Office
1100 Chase Tower
201 East Main
El Paso, TX  79901



Las Cruces Office
201 N. Church St., Suite 201
Las Cruces, NM 88001


gdav@scotthulse.com

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Mr. Davis practices in the firm's El Paso, Texas and Las Cruces, New Mexico offices.  He advises high and mid net worth 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.

Because of the firm's proximity to Mexico, many of Mr. Davis' clients also have special issues because they are not either United States citizens or residents, or both.

For high-net-worth individuals, Mr. Davis focuses on creating complex multi-generational wealth transfer plans that implement multiple techniques available to estate planning practitioners.  Mr. Davis' comprehensive custom plans go beyond mere credit shelter or bypass trusts and marital deduction planning that are the foundation for any estate plan.  They 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’ 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 family business and investments, creditor protection and, potentially, valuation discounts for estate tax purposes.

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 regularly creates Third-Party Special Needs Trusts, which can be very important for mid net worth married clients and parents of children who are disabled or otherwise eligible for government benefits like Medicaid.  Mr. Davis believes that virtually every trust should have the potential for becoming a special needs trust to avoid disqualification from such benefits.  He therefore includes special language that allows the special needs provisions to "turn on" only when needed.  For mid net worth married clients, this toggle feature can protect the surviving spouse's potential eligibility for government benefits and yet preserve up to one-half of the couple's lifetime savings that would otherwise be lost to nursing home and medical care expenses.

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 is a member of several professional organizations focusing on the estate planning practice, including the Real Estate, Probate and Trust Section of the State Bar of Texas, the El Paso Estate Planning Council, the El Paso Probate Bar and the Southern New Mexico Estate Planning Council (where he serves as a board member).  He also serves on the Professional Advisory Committee for the Community Foundation of Southern New Mexico and the Planning Committee for the 17th Annual Southern Estate Planning Institute, both in Las Cruces, New Mexico.  In April 2009, the Community Foundation for Southern New Mexico named Mr. Davis the Rio Grande Professional Advisor of the Year.

Mr. Davis is actively involved in the community.  He serves on the Community Foundation of Southern New Mexico Professional Advisory Committee and recently concluded six years of service as a member of the Board of Trustees for El Paso's Insights Science Museum, including service 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.

Mr. Davis and his wife, Laura, have five daughters – Emma (age 10), Audrey (age 8), the twins, Camille (6 age) and Julia (6 age), and Charlotte (newborn).


REPRESENTATIVE MATTERS
Estate Planning, Trusts & Probate
  • Negotiated, on behalf of one of the part owners, a buy-sell agreement for a corporation owning a multi million dollar ranch in northern New Mexico. The agreement restricted transferability of interests in the ranch to preserve its historic heritage and to keep the ranch in the family. The agreement also was designated to protect shareholders from the creditors of other shareholders from gaining an interest in the entity.
  • Drafted multi-generational estate planning documents for a great-grandmother with a net worth of $7 million and her daughter, the grandmother, with a net worth of $40 million.  The plan maximized both generations' exemptions from the estate tax and the generation-skipping transfer tax to establish dynasty trusts for the family.  The great grandmother's plan also took into consideration that a portion of her estate would go to Mexican citizens and residents where there is no estate tax, thus preserving exemptions for the U.S. side of the family.
  • Designed estate plan for $100 million plus net worth Mexican citizens and residents with U.S. property and children who are U.S. citizens.  The plan establishes a dynasty trust exempt from estate taxes for the whole of the estate and a contingent provision applying traditional estate tax planning techniques in the event one or both clients decide to become a U.S. resident at some point in the future.
  • Established a rolling two year Grantor Retained Annuity Trust for $70 million net worth clients to transfer significant values of U.S. stock to children with no gift tax consequences.
  • Restated 17-year-old, irrevocable life insurance trust holding $7 million life insurance policy, preserving the generation-skipping transfer exemptions applied to the trust by utilizing regulations applicable to grandfathered GST trusts.
  • Established irrevocable trust to hold $1 million gift to ensure special needs treatment and prevent disqualification from government benefits for the beneficiary who is dependent on benefits for healthcare.
  • Established revocable living trust for married clients with a taxable estate, the bulk of which was in the form of individual retirement and other qualified accounts, by providing for post death and estate tax qualified adjustments to the plan to minimize the income tax consequences associated with qualified accounts.
  • Assisted an elderly client to plan for his incapacity and the competing interests of his children by transferring control of his revocable and irrevocable trusts, which held family owned farming related businesses and significant liquid assets, from himself to an independent corporate trustee.
  • Regularly prepares living trusts and related documents for clients to maximize estate tax and generation skipping transfer tax exemptions and to provide creditor protection for children of clients.  Living trusts also typically include special needs provisions for the surviving spouse and children that "turn on" only when needed.  Clients for this type of planning typically range in net worth from $1.5 million to $10 million.
  • Regularly prepares living trusts designed to provide asset management in the event of incapacity and creditor protection for surviving spouses, especially in the context of long-term care issues.  These trusts make extensive use of special needs provisions that "turn on" only when needed.  Clients for this type of planning typically range in net worth from $250,000 and up.
Litigation
As a litigator, Mr. Davis represented a variety of clients.  Reported cases include:
  • Gallaspy v. Raytheon Technical Services Co., 211 Fed. Appx. 269 (5th Cir. 2006) (affirming a directed verdict for the defendant in an international race discrimination case);
  • Vibbert v. Par, Inc., 224 S.W.3d 317 (Tex. App.-El Paso 2006, no writ) (affirming a summary judgment for the defendant in a fraud and conversion case);
  • In re Applied Chemical Magnesias Corp., 206 S.W.3d 114 (Tex. 2006) (original proceeding) (wrote successful Petition for Mandamus relating to mandatory venue);
  • Gallaspy v. Raytheon Technical Services Co., No. EP-04-CV-0012-FM, 2005 U.S. Dist. Lexis 16342 (August 9, 2005); (granting summary judgment for the defendant on the plaintiff's 42 U.S.C. § 1981 race discrimination claims); and
  • Velasquez v. Waste Connections, Inc., 169 S.W.3d 432 (Tex. App.-El Paso 2005, no writ) (affirming summary judgment for the defendant in a national origin discrimination case).
AREAS OF CONCENTRATION
Estate Planning & Wealth Preservation
Asset Protection Planning
Corporate & Securities - Small Business
 
EDUCATION
Texas A&M University - 1990
  B.A., Economics
  magna cum laude
University of Texas - 1994
  Juris Doctor
  with honors
 
ADMISSIONS & QUALIFICATIONS
State Bar of Texas - 1994
State Bar of New Mexico - 1999
United States District Court for the Western   District of Texas - 1995
United States Court of Appeals for the Fifth   Circuit - 1998
United States District Court for the District of   New Mexico - 2000
 
RECENT PUBLICATIONS
Scheduled Author and Speaker: 2010 Advanced Estate Planning and Probate Course. State Bar of Texas – “International Issues in Estate Administration”, June 22-24, 2010, San Antonio, Texas;

Course Director and Speaker: 3rd Annual New Mexico State University Estate Planning Conference for Women, January-February, 2010, Las Cruces, New Mexico;

Author and Speaker: 20th Annual Estate Planning & Probate. State Bar of Texas - "Drafting for Non-Citizens and Non-Residents", October 29-30, 2009, Dallas, Texas

Course Director: 2nd Annual New Mexico State University Estate Planning Conference for Women, January - February 2009, Las Cruces, New Mexico

Author and Speaker: 16th Annual Southern New Mexico Estate Planning Institute.  Community Foundation of Southern New Mexico - "Planning with Irrevocable Life Insurance Trusts", November 6-7, 2008, Las Cruces, New Mexico

Author and Speaker: 2008 Advanced Drafting: Estate Planning & Probate. State Bar of Texas - "Closing Memoranda: Documenting the Distribution of the Estate", October 30-31, 2008, Austin, Texas

Author and Speaker: 2008 NMSU Estate Planning Conference for Women - "Legal and Practical Aspects of Estate Planning", January 23, 2008, Las Cruces, New Mexico

Author and Speaker: 15th Annual Estate Planning Institute. Community Foundation of Southern New Mexico - "Advanced Planning Techniques with Incapacity in Mind", November 1-2, 2007, Las Cruces, New Mexico

Author and Speaker: 2007 UTEP Estate Planning Conference for Women - "Legal and Practical Aspects of Estate Planning", January 24, 2007, El Paso, Texas

Co-Author: "Estate Planning for Mexican Nationals with U. S. Assets", January 2007.




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