The process of estate planning can be a bit confusing for small business owners, especially if there are partners in the business. How would things play out after the passing of one partner? This type of situation is often addressed through the creation of a legal device called a buy-sell agreement. Let’s look at the details. Buy-Sell Agreements We will explain by way of example. For the purposes of our example, you are one of three partners in a small business. The business is quite … [Read more...] about What Is a Buy-Sell Agreement?
Asset Protection Planning
Free Report: What Is A Grantor Retained Annuity Trust?
A grantor retained annuity trust is a wealth preservation tool that can be used by high net worth people who are exposed to the federal estate tax when certain circumstances exist. Before we get into the details, we should take a look at some relevant information about the federal estate tax and the gift tax. The federal estate tax carries a 40 percent maximum rate, and this is quite a large number, especially when you consider the fact that your estate is comprised of assets that you have left … [Read more...] about Free Report: What Is A Grantor Retained Annuity Trust?
Tips When Inheriting IRAs
We regularly get inquiries from our clients who are recipients of an inheritance. An ever increasing asset that is being inherited is a retirement account such as an IRA. Special considerations must be attended to when inheriting an IRA because of their special characteristics. In this blog, we'll discuss some of these considerations. Don’t automatically request to cash in the IRA. The income tax repercussions could be great and there are better options. If you opt for a lump sum … [Read more...] about Tips When Inheriting IRAs
Basics of Asset Protection – Part 2 of 4 Parts
Some form of asset protection should be included in every comprehensive estate plan. Regrettably, however, many folks foolishly opt for the cheapest estate plan they can find, whether it be a do-it-yourself plan or some form downloaded off the Internet. Others rely upon non-attorneys such as paralegals or financial advisers. Even some attorneys are guilty of poor planning work. They are usually lawyers who practice in several different areas of law, such as divorces, criminal, personal … [Read more...] about Basics of Asset Protection – Part 2 of 4 Parts
Basics of Asset Protection – Part 1 of 4 Parts
The term asset protection is heard a lot in planning circles. However, it has no definitive definition and its role depends on the context in which it is used. One aspect of asset protection is to protect the owner of those assets. Sometimes it refers to protecting those assets from possible seizure after a finding of liability, e.g., in a lawsuit. Other times it refers to legally minimizing or avoiding (not evading) certain tax liabilities such as the estate and gift taxes. Still other … [Read more...] about Basics of Asset Protection – Part 1 of 4 Parts
How Can a Business Owner Protect Assets?
If you are a business owner, you may wonder how you can protect assets that you have earned from litigious types. There are a couple of different ways that you can protect assets if you own a business, and one of them would be through the creation of a limited liability company. With a limited liability company, the actions of the company would not be connected to your personal property. Property that is in your personal possession could not be attached if there was a legal judgment against … [Read more...] about How Can a Business Owner Protect Assets?
Medi-Cal Long Term Care Primer – Part 3 of 4
The second planning consideration for Medi-Cal Long Term Care Benefits (LTC) is called share of cost. Once Medi-Cal LTC eligibility is established (See Part II), attention turns to share of cost. It is the co-pay requirement of Medi-Cal LTC. Typically, a Medi-Cal LTC beneficiary must contribute their monthly income towards the cost of his or her care. This usually includes Social Security, pensions, investment and rental income, among others. Certain deductions are allowed, e.g., health … [Read more...] about Medi-Cal Long Term Care Primer – Part 3 of 4
Medi-Cal Long Term Care Primer – Part 2 of 4
In this blog, we will address how eligibility for Medi-Cal long term care (LTC) benefits is established. Eligibility is essentially an asset test. For eligibility purposes, assets fall within one of three categories: countable (non-exempt), not countable (exempt) and unavailable (countable, but not counted). To be eligible for Medi-Cal LTC, an individual applicant's countable assets must be below $2,000. If the applicant is married, in 2015, the spouse can have another $119,220 of countable … [Read more...] about Medi-Cal Long Term Care Primer – Part 2 of 4
Medi-Cal Long Term Care Primer – Part 1 of 4
Many persons are confused about the Medi-Cal Long Term Care benefits program. This is perfectly understandable. Medi-Cal is a complex public benefits program that is a joint venture of the federal, state and county governments. There are state and federal statutes, state and federal regulations, less formal rules and procedures and, add to that, the rules change from time to time and vary from county to county and sometimes among workers within a county. An additional concern in these … [Read more...] about Medi-Cal Long Term Care Primer – Part 1 of 4
How Much Can You Transfer Free of Estate Tax?
How Much Can You Transfer Free of the Estate Tax? from Timothy Murphy Earning a significant store of wealth is only half the battle. Once you have achieved your financial goals, you have to address your legacy. … [Read more...] about How Much Can You Transfer Free of Estate Tax?
