Timothy P. O'Sullivan

Timothy P. O'Sullivan

Partner

Wichita

1551 N Waterfront Pkwy #100
Wichita, KS 67206

T: 316.291.9564
F: 866.346.2032

tosullivan@foulston.com

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Profile

Mr. O’Sullivan represents clients primarily in connection with their estate and tax planning and the administration of trusts and estates. He has a broad range of experience in developing and implementing both simple and complex estate planning techniques. He also represents both individual and institutional fiduciaries in the administration of trusts and estates. As part of his practice, Mr. O’Sullivan crafts wills, testamentary trusts, revocable living trusts, irrevocable trusts, dynasty or other types of generation-skipping trusts, “special needs” trusts, powers of attorney, stock purchase or buy-sell agreements, strategic gifting and estate tax planning, asset protection planning, governmental resource planning (e.g., Medicaid and SSI), family business succession plans, premarital agreements, IRA, 401k or other tax deferred beneficiary designations and deferral strategies, life insurance structures, family limited partnerships and limited liability companies, grantor retained annuity trusts (GRATs), private annuities, self-canceling installment notes (SCINs) and other instruments and estate planning techniques. He also represents executors and administrators before the probate court and advises fiduciaries and other clients in the preparation of estate, inheritance, gift, generation-skipping, and income tax returns filed with federal and state governments. A substantial portion of Mr. O’Sullivan’s practice also involves advising clients on strategies and provisions which enhance the preservation of family harmony in the estate planning process.

Mr. O’Sullivan was selected by his peers for inclusion in the Missouri & Kansas Super Lawyers® list and The Best Lawyers in America© in the areas of Elder Law and Trusts and Estates. In 2011 and 2016 he was named by Best Lawyers® the Wichita Elder Law “Lawyer of the Year” and in 2010 the Wichita Trusts & Estates “Lawyer of the Year.” Mr. O’Sullivan is a Fellow of the American College of Trust and Estate Counsel and his peer memberships include the National Academy of Elder Law Attorneys (NAELA) and the Wichita Estate Planning Council. He also enjoys Martindale-Hubbell Law Directory’s highest “AV” rating for lawyers.

Education

  • University of Missouri-Kansas City School of Law (LL.M., Taxation, 1983)
  • Washburn University (J.D., 1975)
    With Honors
  • St. Louis University (B.S., 1969)

Admissions

  • U.S. Court of Appeals for the Fifth Circuit (1995)
  • U.S. Court of Appeals for the Tenth Circuit (1975)
  • U.S. Tax Court (1982)
  • Kansas (1975)
Community Involvement
  • Rotary Club of East Wichita
  • Wichita State University Foundation- Advisory Committee on Planned Giving
  • United Way of the Plains - Attorney Solicitation Committee, Chairperson (2001); Member, Planned Giving Committee
  • Starkey, Inc. - Board of Directors (2004-2010); President (2010)
  • Newman University - Advisory Committee on Planned Giving (1992-1998)
Relevant Experience
  • Adjunct Professor in Estate Planning, Washburn University School of Law (1990-Present), University of Missouri-Kansas City School of Law (1996-2000), and University of Miami (Florida) School of Law (1996-2000); Instructor in Estate Planning, Wichita State University (1992-1994)
  • Successful appeals of tax cases before the Kansas Supreme Court and the United States Court of Appeals for the Tenth Circuit.
  • Actively involved through the Kansas Bar Association in studying, drafting and lobbying for legislative proposals affecting estate planning many of which have been enacted into law.
Professional Memberships, Affiliations, and Honors
  • American College of Trust & Estate Counsel (ACTEC) Fellow and Member of Asset Protection Committee
  • Recognized by Best Lawyers® as the 2010 Wichita Trusts & Estates “Lawyer of the Year” and the 2011 and 2016 Wichita Elder Law “Lawyer of the Year”
  • Selected by peers for inclusion in The Best Lawyers in America© in the areas of Elder Law and Trusts & Estates Law, 1995-2019
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List, 2005-2018 (a Thomson Reuters business)
  • National Academy of Elder Law Attorneys (NAELA) Member and Past President, Kansas Chapter
  • American Bar Association Member and Past Vice Chair, Significant Probate & Trust Decisions Committee of Real Property and Trust Law Section
  • Kansas Bar Association Member and Past President, Executive Committee, Real Property, Probate & Trust Section; Past President, Member Executive Committee, Tax Section
  • Kansas Bar Association Outstanding Service Award 1994
  • Wichita Bar Association Member of Probate Practice Committee
  • Washburn University School of Law Alumni Association Member, Board of Directors
  • Wichita Estate Planning Council
  • Washburn University Law School Adjunct Professor in Estate Planning (1990-Present)
  • Kansas House of Representatives Member (1979-1982)
Presentations

2018

  • Trust Me, I'm Not a Trust Fund Baby (Foulston Siefkin, Summer Estate Planning Forum)
  • Recent Developments in Estate Planning (Foulston Siefkin, Winter Estate Planning Forum)
  • Income Tax Aspects of Estate Planning (Foulston Siefkin, Winter Estate Planning Forum)

2017

  • Medicaid Planning (Foulston Siefkin, Summer Estate Planning Forum)
  • Recent Developments in Estate Planning (Foulston Siefkin, Summer Estate Planning Forum)
  • Planning to Minimize Income Taxation (Foulston Siefkin, Winter Estate Planning Forum
  • Recent Developments in Estate Planning (Foulston Siefkin, Winter Estate Planning Forum)

2016

  • Repairing or Improving Irrevocable Trusts (Wichita Bar Association, Spring Estate Planning and Probate Seminar)
  • Estate Planning for Farmers and Ranchers (Foulston Siefkin, Winter Estate Planning Forum)
  • Recent Developments in Estate Planning (Foulston Siefkin, Winter Estate Planning Forum)
  • Probate Avoidance Devices: A Primer (Foulston Siefkin, Winter Estate Planning Seminar)
  • Planning for Second Marriages: What Could Possibly Go Wrong? (Foulston Siefkin, Summer Estate Planning Forum) 

2015

  • Advance Directives: Transitioning for Social, Legal and Medical Changes (Kansas Bar Association, Plaza Lights Institute (Kansas City, MO)
  • Navigating the Social Security Maze (Wichita Estate Planning Council)
  • Estate Planning Competency Issues (Kansas Bar Association, Real Estate, Probate & Trust and Elder Law Conference (Junction City, KS)
  • Estate Planning for Health Care (Pittsburg Estate Planning Forum)
  • Estate Planning for Qualified Retirement Plans and IRAs (Foulston Siefkin, Winter Estate Planning Forum)

2014

  • Estate Planning for Oil, Gas & Other Mineral Interests (Foulston Siefkin, Summer Estate Planning Forum)
  • Use of Trusts in Maximizing Medicaid Eligibility and Minimizing Estate Recovery (Wichita Estate Planning Council)

2013

  • Using Trusts in Medicaid Planning: Avoiding Hazards and Maximizing Benefits (Merrill Lynch)
  • Charitable Lead Trusts & Other Charitable Gifting Techniques (Foulston Siefkin, Winter Estate Planning Forum)

2012

  • Support and Discretionary Trusts (Foulston Siefkin Western Kansas Estate Planning Forum (Garden City))
  • Governmental Resource Bootcamp (2012 Foulston Siefkin Winter Estate Planning Forum)
  • Using Trusts in Medical Planning: Avoiding Hazards & Maximizing Benefits (KBA “Hot Topics” in Elder Law (Junction City))
  • Discretionary Trusts and Charitable Lead Trusts (Washburn Law School Foundation)
  • Estate Planning for Family Harmony (Kansas Christmas Tree Growers Association)

2011

  • Estate Planning for Non-Traditional Couples (Wichita Bar Association)
  • Family Harmony (CoreFirst Bank)
  • Important Tax Issues Practitioners Often Overlook (Kansas Bar Association Seminar)

2010

  • Problem Areas in Drafting Trust Documents (Foulston Siefkin Winter Estate Planning Forum)
  • Estate Planning and Competency Issues: Legal Practical Standards and Drafting Techniques (Wichita Bar Association)
  • Resting in Pieces: How Traditional Estate Planning Fosters Family Harmony (Kansas/Missouri Two State ACTEC Meeting)

2009

  • Resting in Pieces, How Traditional Estate Planning Can Destroy Family Harmony (Wichita Probate Practice Committee)
  • Planning for IRAs, 401Ks, and Other Tax Deferred Assets (Foulston Siefkin Winter Estate Planning Forum)
  • Big Mistakes in Estate Planning: Not Properly Addressing Income Tax Issues (Foulston Siefkin Winter Estate Planning Forum)
  • “Sticky Points” in Estate Planning (Foulston Siefkin Summer Estate Planning Forum)

2008

  • Maximizing Asset Protection in Third Party Trusts (WBA Probate Committee)
  • Estate Planning for Second Marriages (Foulston Siefkin Summer Estate Planning Forum)
  • Recent Developments in Estate Planning (Foulston Siefkin Summer Estate Planning Forum)
  • Family Harmony (NAELA- Advanced Elder Law Institute (Kansas City, MO))
Publications

2017

2011

2010

2009

2008

  • Chapter Author, KBA Probate and Trust Administration Handbook
    -Kansas Bar Association
  • Co-Author,Closely-Held Business in Estate Planning Treatise
    -Aspen Publishers, Inc.

2007

2003

  • Reciprocal Spousal General Powers of Appointment:Two Trusts are Better Than One
    -Estate Planning
  • Planning for Kansas Death Taxes in 2003: A NOTICE-ABLE Difference
    -The Journal of the Kansas Bar Association
  • Quoted Commentator on Various Estate Planning Topics
    -Lawyers Weekly
  • Avoiding the Adverse Effects of Withdrawal: Drafting and Administering “Crummey Powers”
    -Journal of Financial Service Professionals

2002

2001

  • Kansas Bar Association Pamphlet on Probate Avoidance Devices
    -Kansas Bar Association

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