December, 2014 | Shah & Associates, P.C. Estate Planning & Business Law Blog
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Can I Protect My Business Against Divorce?

December 18, 2014

Filed under: Estate Planning — Laura Pennington @ 8:00 am

Many business owners have put in a lot of hours and lost a lot of blood, sweat and tears in the process of building their business. That’s why it can be so difficult when a spouse decides on a divorce, possibly putting business assets in jeopardy. According to the National Marriage Project at the University of Virginia, as many as 40 to 50 percent of first time marriages end in divorce, so you should carefully consider how your business might be impacted from a marital split.  Cakeinside2

This can be especially difficult when the company starts relatively small but grows over time, giving the spouse a stake in the growth and development of that company. Some of the best ways to include planning for your business in the event of a possible future divorce include:

  • Keeping records for business and family very separate.
  • Consider whether paying yourself a good salary in the short term and using the excess to fund your own retirement is a good option. Banking on selling the business and taking a lower salary in the short term can be dangerous if you find yourself strapped for cash and your retirement dreams washed away because of a divorce.
  • Consider what other assets you’d be willing to give up. You may want to fight for 100 percent ownership of the business interest, but you may need to negotiate by giving up other things.
  • Buy-sell agreements, insurance, and trusts are all tools that can be used to held shield the business from unexpected changes in your personal life.

Discuss specifics with a New Jersey business and estate planning attorney by contacting info@lawesq.net.

 

Tax Facts: Retirement Benefits

December 17, 2014

Filed under: Estate Planning — Laura Pennington @ 8:00 am

When it comes to retirement accounts, it may feel like you have more questions than answers, even if you have had your retirement account for a long period of time. Assets that are held in qualified plans and IRAs have no current income tax liability, but the distribution of assets in those plans to participate or participant beneficiaries in future tax years can generate income tax liability at typical income tax rates. where-will-your-retirement-money-come-from

There are tax penalties if you attempt to request a distribution from an account before you have actually retired. The IRS actually imposes a tax penalty for funds that are withdrawn too soon and those that were not drawn out soon enough. For example, if you attempt to tap assets before reaching age 59 1/2, you’ll be responsible for paying both the ordinary income tax on the amount as well as a 10% tax penalty on those early distributions (although there are some limited exceptions to this. You may also be responsible for paying state income tax in some locations, too. You should always consult with your tax specialist before making a decision to tap into those assets.

As with all accounts, it’s important to know how you plan to use them in your own lifetime but also how future generations or a beneficiary is intended to use those accounts. Regardless of your age, it’s wise to add an account beneficiary. To talk about how to incorporate retirement accounts into your estate plan, give us a call at  732-521-9455.

Joan Rivers’ Public Estate: A Reason To Consider Planning Privately

December 16, 2014

Filed under: Estate Planning — Laura Pennington @ 8:00 am

The weather certainly full of numerous stories about the ill planning or mistakes made by celebrities when it comes to their states. But there’s another lesson to take away from these experiences as well, and the estate of Joan Rivers is just the latest example.  4373772-0-3

The media has already picked up stories about the contents of the will, highlighting the very public nature that estate planning can be when careful steps are not taken to ensure privacy. For example, court documents released this last week indicate that the comedian was worth more than $150 million and that her daughter Melissa was given all tangible property. Other beneficiaries in the will included a niece, nephew, and a grandson, amounts were also left to her publicist and personal assistants as well as some funds being distributed to charity.

While many individuals, celebrity or not, may not feel that their estate is worth hiding,  for others it’s simply a matter of privacy and confidentiality. Joan Rivers is just the latest celebrity whose estate has served as a spectacle for all to see, a process which could have been avoided with proper estate planning. If privacy is important to you or the beneficiaries in your will, think carefully about how they may be impacted by probate and consider discussing strategies for long-term planning with our specialists. Let us know how we can help at info@lawesq.net.

 

Do I Really Need a Health Directive?

December 15, 2014

Filed under: Estate Planning — Laura Pennington @ 8:00 am

Having a health directive can serve an important in your life. Failing to have a health directive structured in advance can generate unanswered medical questions and confusion among family members.AdvanceDirective

The purpose of these kinds of documents is to allow you to share your preferences about medical treatment in extreme situations where you are unable to communicate. One such example is if you become incapacitated at the end of life, and your health directive can stipulate your preferences about what you wish to happen at the state and time. Putting these preferences in a clear legal document ensures that your preferences are known by others in the event that something happens to you.

This can cut out the problems of a physician having to obtain a consensus about your next steps in medical treatment from your family members. Not every family member may agree with your wishes, but you will want to eliminate the possibility of circumstances were family members are arguing with one another about how you should be cared for. Designating a healthcare proxy in your health directive can specify the individual whose direction is to be followed in such situations. If you want to prevent your family members from having to make hard decisions on issues about which they may not agree, outline your wishes in a healthcare directive.

 

What Can’t A Will Do?

December 12, 2014

Filed under: Estate Planning — Laura Pennington @ 1:23 pm

Whether you are new to the realm of estate planning or whether your will has been in place for many years, it’s worth a review of the things that a will cannot do. A will can help outline how certain property will be treated at your death, providing guidelines for the transfer of that property to your heirs. This is very helpful for the purpose of clarity and reducing the opportunity for heirs to argue with one another. will

There are some things that a will cannot do, however. A will is not able to govern property transfer for non-probate assets. Where there are assets like real estate with rights of survivorship, for example, the rights to those assets will pass on to the surviving owner. The same goes for other assets with clear beneficiary designations. An insurance policy will pass on the proceeds to the named beneficiary, for example, and an IRA will also provide benefits to the individual named on the policy.

A will is a great basic planning tool, but you need to conduct a comprehensive review of all the assets that may be included in your estate. This is good for your own knowledge as well as gaining insight about strategies to help maximize the benefits received by heirs as well as minimizing the tax implications of your decision. Contact us today to learn more: info@lawesq.net.

 

 

The Basics of Will and Trust Contests

December 11, 2014

Filed under: Estate Planning — Laura Pennington @ 5:25 pm

 

When putting together your estate plan, it’s helpful to know how a will or trust can be contested after you pass away.

A trust or will contest refers to situations where a lawsuit is filed arguing the validity of your documents. If the will or trust is successfully contested, then that document is thrown out. This outcome can be disappointing and even catastrophic for the beneficiaries listed in the will or trust. will_contests-63730846

A will or trust contest can be filed by an individual with legal standing in a lawsuit. This means that the individual will somehow be personally impacted by the outcome of the case. Disadvantaged heirs and disinherited heirs are the most likely to contest a will or trust. Likewise, beneficiaries who were given a bigger share of assets in a previous trust or will are also likely to contest existing documents. Individuals with no standing in the suit are not eligible to challenge a will or trust, even if there is evidence supporting the claim that the document or documents are not valid.

There are four primary grounds on which someone can file a contest to a will or trust: allegations that the will wasn’t properly signed under state law, arguments that the person was forced into signing the will, claims that the document was procured by fraud, and arguments that the person signing the will did not have the necessary capacity to do so.

Make sure you’ve constructed a valid will to limit the opportunity for family disputes after you pass away. For more planning tips, drop us a note at info@lawesq.net.

Do Millennials Need Estate Planning?

December 10, 2014

Filed under: Estate Planning — Laura Pennington @ 12:58 pm

Many millennials assume that estate plan is for older and more established clients who have significant assets to protect. Even if you believe that your highest-earning years are still ahead of you, there are a few simple steps to take to form the foundation of the estate plan. It’s not only major assets that need protection and for a small amount of time you can have the confidence that what you do own is protected. Beneficiary_Designation_Form

  • Make sure that your beneficiary designations are updated. This is especially important as you get married or have children. Retirement accounts and group life insurance policies are a great place to start.
  • Consider supplemental life insurance. While an at-work policy may cover a year or so of your income, you can likely get an excellent deal on an affordable policy while you are young and healthy. Group life insurance doesn’t tend to be portable, either, so it’s a wise idea to have your own policy. Factor in mortgage costs, other household expenses, and any amount you want for children’s college savings.
  • It’s never too early to outline a will. Although you hope that it won’t be necessary in your younger years, it’s simply smart planning to provide a plan to help your beneficiaries in the event that something happens.
  • Put together a power of attorney and health care proxy. These estate planning tools are not specific to any age and outline what will happen to the management of your affairs if something happens to you. Put these together and review them on a yearly basis.

For basic or complex estate planning, it helps to have professionals at your side. Now is a great time to get your estate plan in order for 2015. Call us at 732-521-9455 for more details.

What Happens If You Die Without a Will?

December 8, 2014

Filed under: Estate Planning — Laura Pennington @ 2:15 pm

Passing away without a will is known as dying “intestate”. Your state laws will govern how your property is passed down, which usually gives your assets to your spouse and children. When you pass away and do not have a will, your estate enters the probate process through which it will be determined what happens to your assets. Although the probate process does provide a way of managing estates without wills, this is often not in the best interest of the party who has passed away or the beneficiaries.

Source: GenX

Source: GenX

A major reason for this is the loss of control and the very public nature of probate. When you put a will together, you’re able to craft a plan that reflects what you actually want to happen to your property and gives you the opportunity to exercise personal control. Without a will, the probate process can generate confusion and frustration for the loved ones who are already grieving your loss.

Wills can be customized based on the complexity of your estate. While all you might need is a simple will, a meeting with an estate planning attorney can also open to your eyes to other planning tools that aid in the process of minimizing taxes and maximizing the benefits that your loved ones will receive after you pass away. Other planning tools, like trusts, may be applicable in your situation. To learn more about putting together a will or a comprehensive estate plan, schedule a consultation today by emailing info@lawesq.net.

4 Steps For A Family Business Succession Plan

December 5, 2014

Filed under: Estate Planning — Laura Pennington @ 8:00 am

While many business owners hope to keep the company in the family, it doesn’t always fall out that way. Make sure you know your family member’s intentions before approaching the planning process.  Knowing your intentions and the goals of your heirs can be extremely helpful for telling you what you need to consider in a succession plan. These four tips will help guide your choices if you and your heirs do plan to keep the business in the family. Family_Business_Succession_Planning

Step 1: Establish the Goals and the Process

As the business owner, you need to gauge family member interest in continuing to stay involved as well as current and future goals for the company. Once you know where various members stand, create your plan. Include governance process guidelines and dispute resolution methods in a written document. Once finished, be sure that the succession plan is communicated to stakeholders.

Step 2: Identify Key People

Determine the individuals who will be the owners and managers in the company when you are gone. It’s also important to consider which family members will have authority and whether other family members will be “non-acting” parties.

Step 3: Evaluate Business Owner Estate Planning Needs 

Discuss with your estate planning specialist what implications will occur when the business is transferred over to family members. What steps can you take to minimize delays of stock to spouses? Does your buy/sell agreement clearly specify next steps?

Step 4: Delve Into Transition Details 

Will the business be gifted or bequested to family members, or will it be available for an outright purchase? For purchasing, make sure that payment options are outlined clearly and that financing options, if necessary, have been provided.

Taking care of the family business requires thoughtful consideration and planning. For more help on a smooth transition, contact our offices at info@lawesq.net.

 

 

 

Holiday Gifting Guide: The Gift Tax and Your Estate

December 4, 2014

Filed under: Estate Planning — Laura Pennington @ 8:00 am

 

With the end of the year and the holiday season approaching, both individuals and married couples are looking to maximize gifting opportunities while minimizing tax implications. Being knowledgeable about the gift tax annual lifetime exemption is important for structuring gifts that you may wish to pass on to others. Gift-Tax-Rules

Any individual can give up to $14,000 worth of assets every year under the annual exclusion. This means that you do not have to report that gift to the government for the purposes of taxes and these these payments can be spread out throughout the year, such as gifts for birthdays and Christmas. This enables married couples to pass on up to $28,000 annually without bumping the lifetime exemption of $5 million. Trying to pass on inheritances above this lifetime amount can come at a high price in terms of taxes without proper planning, which is why an annual estate and tax planning review session can be helpful for telling you where you’re at and how you can best prepare for the future.

When used properly, gifting can be a critical tool for eliminating or minimizing taxes. Taking advantage of the annual exclusion and the lifetime credit can allow you to pass on assets to beneficiaries without concerns over the tax implications. To discuss the details of gifting and how it can help reduce the size of your taxable estate, contact our office for a personalized consultation at info@lawesq.net.

 

 

 

Small Business Year-End Tax Planning

December 3, 2014

Filed under: Estate Planning — Laura Pennington @ 5:47 pm

According to the Small Business Administration, small businesses typically pay tax rates from between 13.3% (for sole proprietorships) up to 26.9% (for S corporations). Regardless of your tax rate, some last-minute steps may help maximize tax savings. Taking advantage of these planning tips now by consulting with a tax attorney can be extremely helpful next spring when it comes time to pay up.

Source: PA

Source: PA

One of the most helpful strategies is to defer income into next year while maximizing deductible expenses in this current tax year. This is an applicable approach for businesses that are pass-through entities like limited liability companies, partnerships, S corps, or sole proprietorships. Your share of the net income related to the business will be reported to the IRS and taxed at your individual rates. If you expect to be in the same or a lower tax bracket next year, take the approach of deferring income and maximizing deductions.

On the other hand, if you expect that your business will only continue to grow and bump you into a higher tax bracket, accelerate all possible income into the 2014 tax year and limit your deductible expenditures until 2015. The net effect here is to have more income taxed at your lower rate this year instead of your higher rate next year. For more tax planning tips, contact our office for a personalized consultation by emailing info@lawesq.net.

Miller Trusts Now Approved In New Jersey

December 2, 2014

Filed under: Estate Planning — Laura Pennington @ 5:03 pm

 

A much-awaited  change has now come to New Jersey. In the past, two programs related to elder care determined eligibility in New Jersey: the Medicaid Only program and the Medically Needy program.  While the Medically Needy program only provided payment for care in a nursing home, the Medicaid Only program pays for long-term care in an assisted living facility, at home, or any nursing home. The Medicaid Only program, however, has an income cap of 300% of federal benefit rates for SSI. The Medically Needy program, however, has no income cap.

Source: TotalCare

Source: TotalCare

As of December 1, however, the Medically Needy program  is being eliminated. The new program in New Jersey pays for long-term care at home, in an assisted living residence, or in a nursing home. although there is no income cap.  For this program, any applicant whose monthly income is higher than $2,163 must put income above that level into a trust known as a Miller Trust.

The biggest impact from this change allows many more people who were previously unable to qualify for long-term Medicaid in an assisted living residence or their home because their income exceeded the cap are now able to qualify for benefits. Miller Trusts can be complicated and you should consult with your New Jersey estate planning attorney for more details about your eligibility and the structure of the trust.

For more details about Miller Trusts, contact  our offices at 732 –521 – 9455.

 

 

How To Handle a Financial Windfall, Like Royalties

December 1, 2014

Filed under: Estate Planning — Laura Pennington @ 6:38 pm

Certainly, experiencing a financial windfall can be a positive experience, especially during the holiday season. The downside of earning royalties or bonus money, however, is that you may not be clear about how these items are taxed. Advance planning can help you prepare for a sudden influx of money, whether you’re a musician or a property owner leasing your land for oil drilling. Royalties

For the most part, income like royalties from oil drilling rights or bonus payments are treated as taxable income by the US government. It’s important to realize how this money will be taxed, but also how it will influence your tax bracket. Since many people are not aware of the tax consequences of this money, they tend to make a common mistake in using that money to purchase new assets or to pay down debts. If you end up spending the majority of the windfall, you won’t have said enough aside for the taxes. Make sure you calculate taxes in first before spending the money.

There are numerous options to help you plan for a sudden windfall of money. Depending on the amount of money, you may even be considering legacy planning using limited partnerships, trusts, or family limited partnerships. If you have recently become involved in a royalty or bonus situation, you should consult with an experienced estate and tax planning attorney to talk about the short-term and long-term consequences.

To start with, your property values prior to royalties may not surpass estate planning limits when it comes to estate taxes. Over time, however, the value of the lease or the rights in oil drilling, for example, may expand past the estate planning exemption. If you own property in another state, it’s important to consult with an estate planning and tax planning specialist if this property will ultimately be used for oil drilling or similar pursuits. To learn more about royalties and their impact in terms of taxes, reach out to us at info@lawesq.net.