201 Third Street NW, Suite 1130, Albuquerque, NM 87102 | map
505.248.1300 | 505.241.1100 (fax) | business@barlowlawnm.com

Areas of Practice

The attorneys at Barlow & Wilcox, P.A. have extensive experience in a wide range of legal services.

Corporate & Business Law

The firm regularly represents clients in various corporate and business matters, negotiations, and transactions.  We advise clients on the various aspects of forming and managing a business. 

For start-up companies as well as established companies, we can advise on matters related to

  • determining the appropriate form of business (corporation, limited liability company, or partnerships, etc.)
  • tax planning (federal, state, and local)
  • employment agreements
  • stock options and other deferred compensation
  • shareholder (buy-sell) agreements
  • confidentiality and non-competition agreements
  • sale of stock and/or assets
  • joint ventures
  • the terms and conditions of the sale and purchase or merger of companies
  • venture capital and private offering transactions
  • as well as most other types of business decisions and activities. 

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Tax Law

The firm offers a full range of tax services for individual and corporate clients including tax planning and consulting, planning for beneficiary designations for qualified retirement accounts, and business succession planning.

A substantial portion of the firm’s practice is devoted to assisting clients with sophisticated and complex taxation issues, either in the area of gift and estate/financial/retirement planning or in the area of business transactions. 

The firm also advises clients on “pure” tax matters, such as personal income tax, divorce property settlement tax, foreign tax, installment sales, and the like.

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Estate Planning

Our preference is to approach estate planning in two phases. 

Phase One is absolutely necessary and involves putting in place basic documents.  Our basic estate planning documents include, at a minimum, the following:  a Revocable Living Trust, a Durable Financial Power of Attorney, a Durable Health Care Power of Attorney, a Declaration of Right to Die or Living Will (if desired), an Appointment of Agent to Control Disposition of Remains (if desired), a Disposition of Personal Effects List, and a simple "Pour-Over" Will.  There are also some related documents which deal with such matters as certain asset transfer matters, later flexible decision-making by clients, etc. 

Phase Two is optional and involves going beyond the basics, and dealing with more complex estate planning arrangements for the purpose of significantly lowering a very large estate tax.  We regularly assist clients with more sophisticated and complex estate planning for purposes of asset protection and management and gift, estate, and generation-skipping tax reduction. 

For more information, please click on the following links:

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Retirement Planning

The firm advises clients with respect to beneficiary designations for qualified retirement plans (IRAs, 401(k) plans, etc).

The rules governing distributions from retirement plans are complex.  It is also important to remember that retirement plans vary.  Some plans provide maximum flexibility in the naming of beneficiaries or the receiving of benefits; other plans may restrict the options available to participants. 

We will make recommendations to the client as to beneficiary designations, charitable giving, minimum distributions, etc. 

In addition, after an owner/participant dies, we will make recommendations regarding appropriate management of the retirement plans and post-mortem options with the family and trustee or personal representative.

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Guardianships & Conservatorships

The firm regularly represents clients who are faced with the difficult situation of caring for an incapacitated parent or other relative. 

We offer immediate assistance with protecting the incapacitated person from predators who often try to take financial advantage of the disabled individual. 

Thereafter, we assist with the Court supervised procedure to appoint a guardian and/or conservator. 

This includes following the statutory requirements for providing the Court with independent professional opinions regarding the incapacity of the individual, etc. 

We also represent individuals who are acting as guardian and/or conservator for an incapacitated person, or members of an individual’s family who may be dissatisfied with an acting guardian or conservator.

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Probate

The firm provides a broad range of services for clients from simple probate matters to very sophisticated and complex estate administration. 

Services related to probate matters include property transfers, generation skipping transfer tax planning, post-mortem planning, qualified disclaimers, management of the claims of creditors, and estate tax planning.

We also regularly assist out-of-state law firms and clients with ancillary probate matters and transferring property in the State of New Mexico.

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Commercial Transactions & Negotiations

The firm strives to provide our clients with practical advice, incorporating innovative and cost effective guidance, regarding various commercial transactions and negotiations.

We regularly advise our clients on matters related to

  • real estate transactions
  • standard business contracts
  • negotiation of contracts and transactions
  • sales of goods transactions
  • loan transactions
  • franchises
  • joint ventures

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