Chad W. Makuch

Associate

Cleveland
T 216.861.7535  |  F 216.696.0740

Chad Makuch is an estate planning and tax lawyer who focuses on counseling wealthy families, institutional trustees, other fiduciaries, and tax-exempt organizations. Driven to efficiently achieve his clients' goals, he helps families transfer assets and business interests to children, grandchildren, and charities while minimizing or eliminating transfer taxes; counsels fiduciaries in connection with their responsibilities under complex trusts and applicable laws; and guides public charities and private foundations through the tax laws and regulations that govern them.

Chad also collaborates with general tax and tax controversy lawyers to address other income and employment tax issues, including income taxation of utilities, retirement income, the characterization of income as ordinary or capital gains, withholding requirements, audit responses, and tax controversy issues in general.

Select Experience

Individuals and Families
  • Represents high-net-worth individuals and families in estate planning matters and advises them with their testamentary planning (wills and revocable trusts), lifetime planning and gifting, business succession planning and charitable giving. 
  • Meets clients' objectives by employing vehicles such as installment sales, dynasty trusts, insurance trusts, grantor trusts, GRATs, family limited partnerships, and limited liability companies.
Trusts and Estates
  • Represents trustees and executors, whether individuals or institutions, in the administration of large trusts and estates.
  • Guides clients through the formal and often complex process of preparing estate tax returns, inventories, accountings, fiduciary tax reports and more.
  • Regularly fields questions regarding fiduciary duties and responsibilities under multimillion- and multibillion-dollar trusts and the proper investment of those assets.
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Experience

Individuals and Families 
  • Represents high-net-worth individuals and families in estate planning matters and advises them with their testamentary planning (wills and revocable trusts), lifetime planning and gifting, business succession planning and charitable giving. 
  • Meets clients' objectives by employing vehicles such as installment sales, dynasty trusts, insurance trusts, grantor trusts, GRATs, family limited partnerships, and limited liability companies. 
  • Transfers assets while minimizing or eliminating costly gift, estate and generation-skipping transfer taxes. In several such matters, Chad designed estate plans that preserved hundreds of thousands and, in some cases, millions of dollars for the benefit of his clients’ family and charity (which otherwise would have been paid in transfer taxes).
  • Designs estate plans to protect his clients’ assets from future creditors' claims and to maintain his clients' privacy where the law might otherwise make his clients' concerns a matter of public record.
Trusts and Estates 
  • Represents trustees and executors, whether individuals or institutions, in the administration of large trusts and estates. 
  • Guides clients through the formal and often complex process of preparing estate tax returns, inventories, accountings, fiduciary tax reports and more. 
  • Regularly fields questions regarding fiduciary duties and responsibilities under multimillion- and multibillion-dollar trusts and the proper investment of those assets. 
  • Provides litigation and pre-litigation support to BakerHostetler’s probate and fiduciary litigation practice. By gaining and formalizing consensus under private settlement agreements or declaratory judgment actions, Chad helps clients avoid litigation or, where litigation becomes unavoidable, provides support to litigators.
Public Charities, Private Foundations and Other Exempt Organizations 
  • Represents public charities, family private foundations, hospitals, health plans and healthcare organizations with respect to their tax exemptions. Chad brings his experience with tax-exempt organization matters to his work with clients, and uses it to help them with applications for tax-exempt status recognition, unrelated business income taxes, restricted gift issues, charitable giving requirements, fundraising and more general counseling of exempt organizations in their day-to-day operations.

Memberships

  • American Bar Association 
  • Ohio State Bar Association 
  • Cleveland Metropolitan Bar Association 
  • Tax Club of Cleveland 
  • Estate Planning Counsel of Cleveland (2012 to present)
    • Programming Committee (2013 to 2014)
  • Cleveland's Annual Tax Institute: Executive Committee (2011, 2012)

 

Community

  • University Hospitals
    • Diamond Advisory Group (2012 to present)
    • Ride the Rainbow Gala: Planning Committee (2014)
  • A Kid Again: Volunteer member of charity striving to foster hope, happiness, and healing for families raising kids with life-threatening illnesses (2013 to present)
  • Princeton Association of Northern Ohio (2009 to present)
  • St. Joseph Church (Strongsville, Ohio) (2009 to present)

Services

Prior Positions

  • City of Cleveland’s Law Department: Special Assistant to the Director 
  • Franklin County Court of Common Pleas: Extern for Judge Guy L. Reece II

Admissions

  • Ohio, 2009

Education

  • J.D., The Ohio State University Michael E. Moritz College of Law, 2009, cum laude; Moritz scholarship recipient; Articles Editor, Ohio State Law Journal
  • A.B., Princeton University Woodrow Wilson School of Public and International Affairs, 2006

Blog

In The Blogs

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WealthDirector
The Three Most Important Provisions for S Corporations Under PATH Act
January 21, 2016
It has become a tradition that at the end of each year, Congress passes legislation to extend previous legislation. In late 2015, Congress passed Public Law 114-113, which contains the Protecting Americans from Tax Hikes Act (“PATH”)...
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WealthDirector
New Basis Reporting Requirements (and Penalties) for Decedents’ Estates
January 4, 2016
On July 31, President Obama signed into law the Surface Transportation and Veterans Health Care Choice Improvement Act (the “Act”) to reauthorize the Highway Trust Fund’s spending authority for another three months. To offset the...
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WealthDirector
Donors and Charities Benefit Under New Tax Legislation
December 31, 2015
While most provisions of the Internal Revenue Code (“Code”) do not automatically expire, there are dozens that do. Included among the expiring provisions have been several intended to enhance charitable giving. Each has been hostage to the...
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WealthDirector
Use of a Limited Liability Company for Charitable Purposes
December 21, 2015
On December 1, Mark Zuckerberg wrote a letter to his newborn daughter, Max, and shared it with the world (on Facebook, of course). The letter announced the commitment of Zuckerberg and his wife, Priscilla Chan, to improve the world in...
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WealthDirector
Family Trust Company Legislation Passes Ohio House
December 16, 2015
On December 9, 2015, House Bill 229 was passed by the Ohio House of Representatives by a vote of 84-8. The bill, which was almost two years in the making, allows an Ohio family to establish its own trust company to serve as trustee for its...
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