Archive for the Blog Category

Selling Your Business To The Highest Bidder Is Not Necessarily The Best Option

On January 19, 2021   /   Blog  
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Selling Your Business To The Highest Bidder Is Not Necessarily The Best Option

If you own a business and have not put a succession plan in place, you might be thinking that the best choice, when the time comes to retire, is to simply sell your business outright to the highest bidder. However, selling your business to your employees may be a better option in certain situations, through what is known as an Employee Stock Ownership Plan (ESOP). Here’s how an ESOP works. The company in question creates a trust on behalf of its employees. A portion of the profits are directed into the trust, which in turn uses the money to purchase the owners’ shares. This purchase can take place over time or all at once. Employees can minimize the potential burden of the purchase by borrowing against future earnings, without incurring costs upfront. How prevalent is the use of ESOPs in business transitions? There are currently more than 10,000 companies successfully

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The Difference Between A Living Will And A Health Care Power of Attorney

On January 14, 2021   /   Blog  
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The Difference Between A Living Will And A Health Care Power of Attorney

Many people are confused about the difference between a living will and a healthcare power of attorney. A living will specifies life prolonging treatments you do or do not want in the event you either suffer from a terminal illness or are in a permanent vegetative state. It does not become effective unless you are incapacitated and, generally, requires certification by your doctor, and another doctor, that you are either suffering from a terminal illness or have been rendered permanently unconscious. So if you suffer a heart attack, for instance, but do not have a terminal illness or are not in a permanent state of unconsciousness, a living will does not have any effect. You would still be resuscitated, even if you had a living will indicating that you don’t want life prolonging procedures. A living will is only used when your ultimate recovery is hopeless. For situations where you

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Choosing A Trustee for Your Special Needs Trust

On January 12, 2021   /   Blog  
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Choosing A Trustee for Your Special Needs Trust

Choosing the right trustee for any trust is a difficult and extremely important decision. In the case of choosing the right trustee for the trust you have created to protect your loved one with special needs, the decision is even more important—particularly if your loved one is a young child. Let’s take a look at some of the options and discuss the pros and cons of each. Your Parents Many couples consider this first. After all, your parents know and love your children, and understand your wishes. However, this is only a temporary solution, as your special needs trust must protect your loved one with special needs for his or her entire lifetime. Your Siblings Like your parents, this may be a good temporary solution. But the same drawback applies here as well. Your siblings are unlikely to outlast the trust itself, and you will need a successor trustee. Your

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How To Get The Most Out of Retirement: “Stretching & Protecting” Your Wealth

On January 7, 2021   /   Blog  
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How To Get The Most Out of Retirement: “Stretching & Protecting” Your Wealth

While there may have been a time when people looked to their employers and Social Security to finance their retirement, those days are long gone. The reality today is that to enjoy a comfortable retirement, not to mention the ability to provide for your loved ones and ensure your legacy, you should have an adequately funded, well-designed retirement plan. We can help you develop such a plan, by “stretching and protecting” your wealth. What do we mean by this? “Stretching” refers to maximizing income tax deferral and wealth accumulation while minimizing tax liability. “Protecting” involves minimizing the threats posed by creditors or predators. As an experienced estate planning law firm, we can evaluate all options for minimizing tax liability and the erosion of savings that results from paying too much in taxes. We can also utilize a range of tools for reducing taxes in your golden years, including taxes on

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Why You Need Advance Directives

On January 5, 2021   /   Blog  
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Why You Need Advance Directives

Advance directives give a person of your choosing the authority to make decisions on your behalf about the type of care you want in the event of incapacity or an end of life situation. Your directives may contain instructions about the types of medical treatments you would or would not want to be taken to keep you alive if you are in a coma or vegetative state. In effect, advance directives allow you to decide, while you are alive and well, the type of care you want and the person you want to make the decisions for you. They allow you to better ensure that your wishes will be followed, and spare your loved ones from making such important decisions on your behalf without knowing what you would have wanted. Nobody wants to think about advance directives, but the consequences of not creating them far outweigh the difficulty of creating

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The Gift That Keeps On Giving: Paying Your Grandchildren’s College Tuition

On December 31, 2020   /   Blog  
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The Gift That Keeps On Giving: Paying Your Grandchildren’s College Tuition

Paying your grandchildren’s (or adult children’s) college tuition is one of the greatest gifts you can make. The education lasts a lifetime and opens a world of opportunity for your grandchildren. In a way, it is like giving a gift to your children as well, since it alleviates their concerns about paying for their children’s education on their own. And when done correctly, the gift of a college education can be an excellent estate planning tool. One way to help pay for your grandchildren’s education is to simply give them part or all of the money to cover tuition. The gift tax exclusion is currently $15,000 per person per year, and $30,000 for a married couple, which can go a long way toward covering the tuition for most colleges. Of course, giving the money to your grandchildren directly carries with it a big risk. Are they genuinely interested in using

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Five Factors to Consider When Purchasing Long-Term Care Insurance

On December 29, 2020   /   Blog  
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Five Factors to Consider When Purchasing Long-Term Care Insurance

The United States Department of Health and Human Services estimates that approximately 70 percent of Americans over the age of 65 will need some type of long-term care. Contrary to what many people believe, Medicare does not cover long-term custodial care. Given the cost of such care, it makes sense to consider your options, in advance, about how to obtain the care you might very well need without exhausting your life savings to pay for it. One such option is long-term care insurance. Here are some factors to consider regarding the purchase of a long-term care insurance policy. Your age and health matter. The younger you are when you purchase long-term care insurance, the less expensive it will be. Unfortunately, if you have conditions such as diabetes or heart disease, your application might be rejected. It is better to have some coverage than none at all. The very best plans,

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How The Portability Provision Can Double Your Exemption From Federal Estate Tax

On December 24, 2020   /   Blog  
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How The Portability Provision Can Double Your Exemption From Federal Estate Tax

For legally married couples, the portability provision allows for the transfer of the federal estate tax exemption from the estate of a spouse who passes away to the estate of the surviving spouse. Given that the maximum federal estate-tax exemption in 2019 is $11.4 million per person, by making use of the portability provision, the federal exemption upon the second spouse’s death can increase from $11.4 million to $22.8 million. Portability was first introduced as part of the Tax Relief, Unemployment Re-authorization, and Job Creation Act of 2010 (“TRA 2010”), and became effective for married persons dying on or after January 1, 2011. While the winds of political change have led to calls for a reduction in the exemption over the years, there is no plan to phase out the portability provision any time soon. In order to take advantage of the portability provision, IRS Form 706 should be filed

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Think Twice Before Deciding To Serve As Trustee

On December 22, 2020   /   Blog  
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If you have been asked to serve as a trustee, chances are you were initially flattered by the request. After all, it is quite an honor—a parent or other loved one thinks highly enough of you to entrust you with the management of a major portion of their life’s savings. However, before agreeing to serve as trustee, it is important to consider the responsibilities involved. Administering a trust typically involves all of the following duties, and sometimes many more: Locating and protecting trust assets Collecting life insurance policies, annuities, and retirement accounts that name the trust as the primary beneficiary Coordinating settlement of the estate with the personal representative if a probate administration is necessary Obtaining the values of all trust assets at the time of the trustmaker’s death. These assets include real estate and business interests Ascertaining and paying off all of the trustmaker’s debts from funds remaining in

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Moving On—Help for Seniors Relocating To Nursing Homes Or Assisted Living Facilities

On December 17, 2020   /   Blog  
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Moving On—Help for Seniors Relocating To Nursing Homes Or Assisted Living Facilities

Moving to a new home is stressful in and of itself. When the move involves a senior relocating to a nursing home or assisted living facility, the situation is considerably more complicated, both emotionally and physically. Fortunately, a number of companies now specialize in helping seniors and their loved ones move to long-term care facilities, or even relocate to smaller, senior-friendly private homes. Together, these companies are known as Senior Move Managers. The National Organization of Senior Move Managers (NASMM) was formed in 2002. NASMM now comprises Senior Move Management companies across the United States, Canada, and overseas. According to the NASMM website, Senior Move Managers typically provide all or some of the following services, depending on the particular company and the senior’s specific needs: Creation of an overall move or “age in place” plan Organizing the move, sorting belongings, and downsizing Customized floor plans Arranging for the profitable disposal

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