Estate and Trust Planning and Administration
Mr. Madsen spends considerable time advising clients and implementing plans involving the transfer of property both during lifetime and at death. In addition to drafting last wills and testaments and revocable trusts, he counsels and assists clients in the utilization of various sophisticated estate planning techniques, including such things as limited liability companies or family partnerships, dynasty trusts, charitable trusts, and irrevocable trusts. Mr. Madsen’s practice also includes trust administration, the probate of estates, and the filing of complicated estate tax returns.
Business Formation, Planning and Transactions
Mr. Madsen has broad experience in advising clients in the formation, acquisition, merger, sale, or termination of businesses (i.e. corporations, general and limited partnerships, and limited liability companies), with an emphasis in dealing with owners of closely-held businesses involving professionals (i.e. doctors, dentists, architects, accountants, engineers, lawyers, etc.).
Employee Benefits Planning, Retirement Plans and ERISA
Mr. Madsen also spends considerable time in employee benefits and retirement planning, with an emphasis on qualified retirement plans. Mr. Madsen has assisted in the design, installation, qualification, amendment and termination of qualified retirement plans, including plans such as 401(k), profit sharing, money purchase, defined benefit, and ESOP plans. He assists in handling audits conducted by the Internal Revenue Service or Department of Labor and responds to questions that arise in the day-to-day operation of retirement plans.
In addition, with regard to the individual plan participant, Mr. Madsen advises with regard to the designation of beneficiaries for retirement plans and IRA’s (as a part of the overall estate plan) and the strategic options available and appropriate (including rollovers to IRA’s) not only at the time of accrual of benefits but also at the time of retirement, required plan distributions and post-death distributions.
Mr. Madsen’s practice emphasis also includes nonqualified deferred compensation arrangements and executive compensation.
Awards and Recognition
- Chambers USA High Net Worth 2022 Guide in Private Wealth Law (Band 1)
- Spotlight Table in Labor & Employment: ERISA
- The Best Lawyers in America© 2026 in Employee Benefits (ERISA) Law and Trusts and Estates
- AV Preeminent (5.0) rating with Martindale-Hubbell
- Mountain States Super Lawyers (2012-2020, 2022-2024) in the categories of Employee Benefits/ERISA, Estate Planning & Probate
- Utah’s “Legal Elite,” as published in Utah Business Magazine (2004-2005, 2014-2020)
Education
Brigham Young University, J.D., 1984
- cum laude
Brigham Young University, B.S., Accounting, 1981
- cum laude
Affiliations / Memberships
- Fellow, American College of Trust and Estate Counsel (ACTEC)
- Utah State Bar, Taxation and Probate and Estate Planning Sections
- Western Pension and Benefits Conference, Salt Lake City Chapter
- Salt Lake Estate Planning Council
Professional Experience
- Associate, Nielsen & Senior, Salt Lake City, Utah, 1984-1989
- Admitted to Practice
- Utah State Bar
United States District Court, District of Utah
United States Tax Court
Utah Supreme Court
Supreme Court of Wyoming
Presentations and
Publications
- Presenter, RQN Tax & Business Seminar - "Securing” Your 401(k) Plan, November 2023
- Presenter, RQN Tax & Business Seminar - Required Minimum Distributions From IRAs and Qualified Retirement Plans, October 2021
- Co-Author: Do You Have Nonqualified Deferred Compensation (NQDC)?, Utah Academy of Family Physicians Journal, Issue 2, November 2019
- Author: Unintentional Injuries to Persons or Property/Owner and Occupier Liability, BYU JOURNAL OF LEGAL STUDIES (1984)
