Elliott Stapleton

AVVO

Phone: 513-334-0099

Email: Email Elliott

Cincinnati, Ohio – Attorney:

As an attorney with CMRS Law, Elliott’s legal services include Business Law, Commercial Transactions, and Estate Planning, in Cincinnati, Ohio.

Elliott helps clients protect what they earn and plan for success. He advises business owners on how to start and maintain legally sound businesses, protect intellectual property, and all other aspects of commercial transactions. He advises individuals on asset protection and estate planning.

Background

In November of 2007, Elliott joined the firm as an associate after graduating from law school. He worked as an associate until March of 2011, when he was made a partner of the firm at age 29.

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: contract review, 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. He drafted 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: 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 received multiple scholarships, was a member of 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

Board Membership

Professional Organization Membership

Fraternal Organizations

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

 


Business Law

Elliott provides outside general counsel to companies from formation, during stages of rapid growth and, in some cases, through acquisition. He has a holistic understanding of business operations, adaptability to rapidly changing deal and team circumstances, and a passion for process improvement, efficiency, and technology.

His 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 to minimize liability and maximize tax advantages.

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

Creating, Reviewing, & Negotiating Contracts

The purpose of a company’s contract is to protect the business owner. To this end, it is crucial to create contracts using language understood by all parties involved. The likelihood of litigation is diminished when all sides understand the terms of a contract.

Elliott has worked with clients on many commercial transactions, including:

  • Asset Purchase or Sale of Business Agreements (Letter of Intent);
  • Independent Contractor Agreements;
  • Joint Venture Agreements;
  • License Agreements;
  • Non-compete Agreements;
  • Operating Agreements;
  • Product Development Agreements;
  • Purchase Agreements;
  • Sale of Goods Agreements;
  • Security Agreements; and
  • Software (Enterprise and SaaS) 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, Servicemarks, and Copyrights, as well as advising you on issues regarding enforcement of these filings. Elliott regularly advises clients on issues related to the development and protection of IP.

Estate Planning

Elliott and his team advise clients on Estate Planning, Probate, Trust Administration, and other forms of asset protection in Cincinnati, Ohio. 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 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 select 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. This is the benefit of working with an Estate Planning attorney in Cincinnati, Ohio.

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. Feel free to follow this link to see a summary of Trust and Estate Planning.

Examples of services include:

  • Will;
  • Durable Power of Attorney;
  • Health Care Power of Attorney;
  • Living Will;
  • Revocable Living Trust;
  • Irrevocable Trust;
  • Medicaid Asset Protection Trust;
  • Special Needs Trust; and
  • Transfer-on-Death Designations.

Elliott has created a summary of the difference between a Locked Trust vs. an Unlocked Trust. This summary covers the issues when deciding which type of trust addresses a client’s specific goals.

For adult children going off to college, it is essential to consider creating a Healthcare Power of Attorney and Financial Power of Attorney. These are vital documents to have if the adult child is incapacitated; without these legal documents in place, parents would be required to open probate (causing an unnecessary delay). Elliott has also created a summary of the different gifting methods for transfers to minor or adult children. 

Our firm has created a summary of the Secure Act effective in 2020 and potential changes to your Estate Plan.

Elliott has created an article that summarizes the potential income tax issues related to trust modifications for those interested in modifying or terminating irrevocable trusts as well as topics including estate tax planning with a Spousal Lifetime Access Trust (SLAT), Grantor Retained Annuity Trust (GRAT), and Sales to Intentionally Defective Grantor Trust (IDGT).

Trust and Probate Administration

If your family member or loved one passes away with only a Will (or dies without a Will), we can help with probate administration. The administration process can take between six to twelve months and involves filings with the local county court.

Elliott also provides concise checklists to assist families in the event of an emergency. This includes guidance to executors, trustees, and powers of attorney. In addition, he supplies clients with flowcharts on estate planning and tax planning related to trusts and estates.

He has prepared a four-minute overview of the Probate process in Ohio, including answers to frequently asked questions.

Locations:

When scheduling an appointment with Elliott, feel free to request either of our firm’s current locations:

Primary office: 123 Boggs Lane, 1st Floor, Cincinnati, Ohio 45246

Hyde Park/Central Cincinnati office: 2101 Grandin Road, Suite A, Cincinnati, OH 45208

Submit your confidential information prior to your meeting with Elliott Stapleton.


Required Disclaimer: These statements should not serve as a guarantee of the outcome for your specific legal matter. Prior results do not guarantee a similar outcome in your case. None of the statements above are to be construed as legal advice. Any testimonials, ratings, or statements of achievements are not to be construed as full assessments by all of an attorney’s clients, certification of the attorney’s services, or certification of a given area of focus for such attorney. The viewer should not interpret any direct or indirect comparison of our services with the services of others as a verifiable comparison, which could be substantiated through an objective process.