The future is uncertain. You can’t predict it, you can’t control it, but you can plan for it. Our mission is to help you plan: for the security of your family, for the continued success of your business. We help you to identify your needs, clarify your goals, and make sure that your wishes are honored.
The future is uncertain. You can’t predict it, you can’t control it, but you can plan for it. Our mission is to help you plan: for the security of your family, for the continued success of your business. We help you to identify your needs, clarify your goals, and make sure that your wishes are honored.
We work with clients at all stages of life, including families with young children, to make sure a plan is in place for their support and protection should disaster strike. It’s never too soon to plan, but if you put it off, someday it will be too late. Let us lift the burden of uncertainty and replace it with peace of mind.
Yes, you do! Planning for a business after the death or retirement of an owner is called succession planning, and it is essential to making sure the business is successful after a smooth transition to the new owner. If you have put a lot of effort and resources into building your business, don’t let it all go to waste by failing to plan—especially if you want the business to keep providing for your family after you’re gone.
You definitely need a will that names a guardian for your minor children in case something happens to you and their other parent isn’t available to care for them. You also want to provide for them financially. A will is one way to leave assets for your children’s future, but depending on your situation, you may also need a living trust. All adults, with or without kids, should have financial and medical powers of attorney in place in case they are incapacitated by a sudden illness or injury.
A living trust lets you use, manage, and enjoy property you put in the trust while you’re alive. After your death, a trustee you have chosen will take over managing the trust and/or distribute trust assets as you have directed. A lot of people like living trusts because they keep assets out of probate. If you expect to have young adult heirs, putting your assets in a living trust can ensure they don’t receive their whole inheritance at once, before they are prepared to manage it responsibly.
If you have a loved one with special needs, they may need to qualify for means-tested government benefits. Receiving an inheritance could disqualify them. A special needs (or “supplemental needs”) trust can allow you to set aside assets for your loved one’s needs without risking their eligibility for needed benefits. You may also need to appoint a guardian to make important decisions about your loved one’s care and/or finances. The bottom line is, if you have a child with special needs, you must have an estate plan designed to protect them.
People in a same-sex relationship have the same estate planning needs as other adults, plus a few extra. If you’re not married to your partner, but you want them to inherit from you, you must have a will or trust that names them as a beneficiary. The same goes for your partner’s child if you are not that child’s legal parent. If your partner is not the legal parent of your child, you will want a will naming them as your child’s guardian should something happen to you.
You should also have in place powers of attorney, both financial and medical, to allow your partner to make decisions for you (and vice versa) if either of you are incapacitated by a sudden illness or injury. This is especially true if your family of origin, or your partner’s, opposes your relationship and might try to override your wishes.
The availability of same-sex marriage has made planning easier on couples, but married or not, you still need an estate plan designed for your family’s needs.
The type of business entity you choose will depend on how many owners the business has, potential exposure to liability, and how you want to pay taxes on the business. Available business entities include C corporations, S corporations, partnerships, limited partnerships, and limited liability companies. If you own the business by yourself, you can run it as a sole proprietorship.
It’s best to discuss the pros and cons of each type of business entity with a business law attorney who understands your circumstances and goals and can direct you to the form that is right for you (as well as preparing the documents needed to establish your business and register it with the state).
Contact us to discuss your legal issue and learn how we can accomplish your goals and protect your interests.
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