Wednesday, April 6, 2016

Legacy Assurance Plan Article: Estate Planning Tips to Remember Before You Travel

Summary: Many people will travel during the late fall and winter months. Before you embark on your trip, you should.

With the holidays fast approaching, many people will undertake trips. Some may make a shorter trip to see family at Thanksgiving or Christmas, or others may plan a larger wintertime vacation escape cold weather. Regardless of your reasons, as you prepare to travel, your "to do" list should include taking a look at your estate plan. 

If you haven't completed an estate plan yet, now would be a good time to get that executed prior to your trip. Having your will and/or living trust executed and in place can provide you with a sense of relief from knowing that, if something unfortunate happens on your travels, you have a "roadmap" in place for your loved ones to follow to implement the legacy you want to leave behind.

It is also important to make sure that you have powers of attorney and a living will created, as well. Should you become ill or injured while you are away from home, having these documents will make certain that the person you want to make decisions for you has the legal authority to do it. To make sure that all of the planning decisions you make are well thought out, give yourself enough time to get your plan set up; don't just contact your attorney a few days before you are scheduled to leave.  

If you have already created a plan, make sure that it is up-to-date. If you have experienced any life events, such as family births, deaths, marriages, divorces, etc. since you last updated your plan, you will want to look into creating the appropriate update documents to make sure that your plan paperwork still reflects your planning goals. This can include checking on, and potentially updating, many items, including not only your will, living trust, powers of attorney and living will, but also any financial accounts or other assets that have death beneficiary designations attached to them.


In the event that you have minor children or children with disabilities still at home with you, it is extremely important that you make sure you have a plan in place to ensure their care. In your will, you can name the person you want (and who has already agreed) to serve as the guardian of your children. If you've already named someone, now may be a good time to review that choice, to consider whether that person is still best suited to handle this role. If you do not name anyone as a guardian, the courts will be forced to select someone without any input regarding your wishes.

This article written and published by:
8039 Cooper Creek Blvd
University Park, Florida 34201
844.306.5272 (Phone)

Legacy Assurance Plan Article: Dealing with the Consequences of Assisted Reproductive Technology in Your Estate Plan


Summary: In today's modern world, changes in society and advances in science have modified many things, including the definitions related to who is, or is not, a family member. To make sure that your estate plan carries out your objectives exactly as you'd want, it is important to go over your goals in deep detail with your estate planning attorney so that your planning documents can make sure that your wealth and belongings go to everyone you want to inherit from you, and no one that you don't.

Modern technology has allowed people today to enjoy many extraordinary advantages that, in some cases, would have seemed (or actually been) impossible or only a few years or decades ago. For infertile families, the greatest benefit modern technology has created is the ability to have children. 

With the gift of children, however, comes certain additional complexities in estate planning. Whether it's you or a loved one who's considering assisted reproduction, it is important to make sure that your estate plan reflects this aspect of your family dynamic.

Parents of children conceived through assisted reproductive technology are not the only ones who need to consider these issues. As a potential grandparent, you may need to engage in this type of planning. If your son or daughter has frozen genetic material, you need to contemplate whom you want to take from your estate. This is done by making sure that your estate planning documents are very specific and include very specific definitions regarding who is (or is not) a member of a group. In this case, you should discuss your desires with your attorney so that he or she can craft a definition of "grandchildren" that include everyone you want to inherit from you, and no one that you don't. 

People who are seeking to have children through assisted reproduction have a wide array of decisions they should reach and include in their estate plans. One scenario where planning is especially important  involves the freezing of reproductive material for future use. Many courts that have addressed what happens to this material have ruled that it is property, meaning that you can (and should) include directions in your estate plan indicating what should be done with it if you die. Do you want it donated? Destroyed? Distributed to your spouse/partner to do with as he/she sees fit? These are obviously extremely personal decisions, so it's highly important that you get your desires down in writing using your estate plan.

Additionally, it is essential that your plan state how you want to approach any children that come from this assisted reproduction. For example, if you decide to freeze your fertilized eggs, then die before using them, and your spouse/partner uses these fertilized eggs to have a child, what do you want this child to receive from your estate? In some states, a posthumous child conceived using your frozen genetic material can still inherit from you, even if he or she is born more than 9 months after your death, as long as you state that preference in writing (and the child is born within certain statutory time limits.)

This article written and published by:
8039 Cooper Creek Blvd
University Park, Florida 34201
844.306.5272 (Phone)


Monday, March 28, 2016

Legacy Assurance Plan Article: Estate Planning and the Small Business Person

Summary: Estate planning is important for all people, but it is extremely important for small business owners. A proper plan can help ensure that the business can continue seamlessly and without interruption, can go to the person or people you want, and can separate your business assets from your personal ones to make certain each is properly protected. 

In 2014, in the U.S. Tax Court, a taxpayer defeated the Internal Revenue Service in an important case called Frank Aragona Trust v. Commissioner. Mr. Aragona had created a trust and named his five children as beneficiaries, and funded the trust with several rental real estate properties. The IRS had tried to classify the trust's control of the properties as "passive" ownership, which would have negative tax consequences, but the Tax Court ruled for the trust, which meant that it got to claim active participation status, which is more tax-friendly.

While the case of the Aragona Trust centers around many intricate, technical aspects of the law, it also has a broader meaning outside the world of tax lawyers and CPAs. The Aragona family benefited because Frank Aragona took the time to create an estate plan and to ensure that he meshed his business holdings with his estate plan. 

Making sure that your small business is covered by your estate plan goes beyond just making certain your beneficiaries are positioned as well as they can be in terms of income taxes. Most businesses fail to survive past the first generation, and in many cases, they fail due to a lack of planning. A good estate plan for a small business owner takes into account potential estate tax issues. Because many small businesses are cash-flow operations with relatively little liquidity, an estate tax bill can be devastating -- forcing a sale of the business just to pay the tax obligation. With a proper plan in place, you may be able to reduce or avoid this tax trap.

Additionally, some small businesses fail because there is no clear plan for who will take over running the operation. Creating buy-sell agreements can help establish a clear line of succession to ownership of your business when you die. Even once you've established succession, the person you want to take over the company may lack the funds to buy it. Life insurance may serve as a exceptionally helpful tool to aid in carrying out your succession plan. You can purchase a policy that pays out when you die to whomever you desire to purchase the company, thereby giving them the money they need to transition ownership smoothly.

If you're a small business owner, you also must consider protecting your personal assets from business liability and vice versa. You don't want a disgruntled business client to ruin your personal wealth, nor would you want a messy divorce to take down your company. A plan that properly uses trusts, LLCs or other legal tools can help you ensure you have the necessary protection in place.    

This article written and published by:
8039 Cooper Creek Blvd
University Park, Florida 34201
844.306.5272 (Phone)