Elliott Stapleton

Attorney Profiles

Business, Trust, Will, Probate, and Estate Planning Attorney in Cincinnati

Cincinnati, Ohio – Partner

Phone: (513) 334-0099

Email: Email Elliott

Attorney’s Areas of Focus

  • Estate Planning
  • Business Formation & Transactions
  • Probate & Trust Administration
  • Real Estate Transactions
  • Trademark/Copyright Law

As one of the Attorneys with the law firm of CMRK, Elliott’s focus is on Estate Planning, Probate, and Business Law. Elliott has worked with clients on putting clear, concise estate plans in place. This includes representation during the administration of the Trust or Probate Estate. Elliott has also advised business owners on how to start and maintain legally sound businesses. Most of Elliott’s legal services are based on flat rates.

Estate Planning

Elliott advises clients on Estate Planning, Probate, Trust Administration, and other forms of asset protection. He helps each client develop the best planning based on a review of the family’s goals. Most clients have questions such as:

What is an Estate Plan?

The word Estate is commonly associated with extreme wealth. But the word Estate simply means “all of your assets” no matter what the size.

An Estate Plan outlines how your property will be distributed upon your death and who will make important decisions if you are disabled.

How do you select the right Plan?

Your specific needs determine what services will need to be provided. Our goal is to ensure that the individuals or charities you choose receive the correct assets.

To achieve this goal, we help you balance options that limit taxation, ensure that the assets are used for their intended purpose, and avoid probate.

What does the planning process include?

During the planning process, we explain the purpose and effect of each step involved. With advice on the risks and implications, you decide which plan you prefer.

Examples of services include:

  • Will;
  • Durable Power of Attorney;
  • Health Care Power of Attorney;
  • Living Will;
  • Revocable Living Trust Agreement;
  • Irrevocable Trust Agreement;
  • Special Needs Trust;
  • Transfer-on-Death Deeds or Designations.

Business Law

Elliott’s clients range from single-member, start-up businesses to large, privately-held companies. These business owners seek Elliott’s guidance on matters such as:

Selecting Business Entities

The purpose of entity selection is to determine which option would be best for your business in order to minimize liability and maximize tax advantages.

Examples of entities include Limited Liability Companies (LLC), S-Corporations, and C-Corporations.

Creating, Reviewing, & Negotiating Contracts

The purpose of a company’s contract is to provide protection for the business owner. To this end, it is important to create contracts using language that can be understood by all parties involved. When all sides understand the terms of a contract, the likelihood of litigation is diminished.

Some examples of contracts include:

  • Sale of Goods Agreements,
  • Business Operating Agreements,
  • Purchase Agreements,
  • Residential or Commercial Lease Agreements,
  • Supply Agreements,
  • Independent Contractor Agreements,
  • Employment Agreements,
  • Asset Purchase or Sale of Business Agreements,
  • Buy/Sell Agreements,
  • Licensing Agreements,
  • Non-compete Agreements,
  • Residential or Commercial Construction Agreements,
  • Shareholder Agreements,
  • Franchise Agreements, and
  • Security Agreements.

Protecting Intellectual Property

A business’s name and its work product are important factors in distinguishing it from the competition.

Protecting your intellectual property involves filing Trademarks, Service marks, and Copyrights, as well as advising you on issues regarding enforcement of these filings.

Protecting Real Property and Personal Assets

Business owners should always limit their exposure to potential liabilities. This includes business ventures which are susceptible to significant damages. To avoid business damages affecting personal assets we help insulate risk.

Background

At the law firm of CMRK, Elliott has worked with clients on putting clear, concise estate plans in place. This includes representation during the administration of the Trust or Probate Estate. Elliott has also advised business owners on how to create their companies and guided them through the growth process.

Previously, Elliott clerked with the Formica Corporation’s in-house counsel. While in Formica’s legal department, he worked on the day-to-day legal needs of a multinational corporation with the company’s general counsel. This work included: internal contract review, fiduciary compliance, commercial transactions, trademark protection, employment related issues, and assessment of international law.

As an extern with the Office of Chief Counsel for The Internal Revenue Service, Elliott resolved complex tax conflicts through negotiation, mediation, and administrative proceedings. In addition, he assisted in the drafting of appellant briefs and presented oral arguments on behalf of the United States Government in Tax Court.

Education

Elliott received his Juris Doctorate from the University Of Louisville School Of Law. While at Louisville, he focused on courses to better serve individuals in creating their estate plans and business owners in pursuing their goals. Some of the honors he received while at the University of Louisville include: a Dean’s Scholarship, being named to the Brandeis Inns of Court, and representing the school in Securities Law Moot Court.

Elliott also attended the University of Cincinnati where he received his bachelor’s degree in Political Science. While at the University of Cincinnati, he was a member of multiple on-campus organizations and was tapped into the Honorary Order of the Omega.

Bar Admissions

  • The State of Ohio
  • The Commonwealth of Kentucky
  • U.S. District Court Southern District of Ohio

Professional Associations and Memberships

Fraternal Organizations

  • Delta Tau Delta
  • Phi Alpha Delta
  • Order of Omega


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