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We use effective estate planning, asset protection planning and business succession planning for business owners, professionals and executives using wills, trusts, partnership agreements and other strategic planning vehicles. In all of our work, we keep in mind the objective of minimizing the impact of estate taxes on the estate. |
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Wills, Trusts, Probate and Estates
Wills and testamentary trusts are the cornerstones of an effective estate plan. That is why the proper drafting of these instruments is so important to a rapid will probate and to the estate's smooth administration. If you are moving to New York, you need to always remember, also, that estate planning is both a federal and state process, so any existing documents must be reviewed in light of New York law.
Comprehensive Estate Planning
The will is the basic estate planning vehicle, but it is only a start. If you have a taxable estate (over $1,000,000 in 2003, $1,500,000 in 2004), your estate plan should take into account potential estate taxes and seek to minimize them. Some basic techniques to consider are: (1) balance the estates of spouses, (2) tax-smart gift giving to reduce the size of your gross estate, (3) remove existing life insurance policies from your estate by moving them into irrevocable trusts, (4) make sure there are sufficient assets in your name and your spouse's name to take advantage of the available credit shelter deduction, (5) establish charitable arrangements, and (6) arrange to fix the value of your business or professional interest and provide a market for its sale after your death.
Once the techniques are chosen, we draw the appropriate documents. These may include Wills, Revocable Trusts, Insurance Trusts, Grantor Trusts, Qualified Personal Residence Trusts, Partnership Agreements, Family Foundations, Family Partnerships and many other arrangements
Asset Protection:
Asset Protection Planning
In the blink of an eye, an accident can threaten to take everything from you and your family. Litigation by a competitor can destroy your small business. We work with our clients to design a rational asset protection plan, which may include the incorporation of small businesses and Family Limited Partnerships. Under the appropriate circumstances, the Asset Protection Planning may extend to the creation of an Asset Protection Trust in an available jurisdiction.
Business Succession Planning:
Business Succession Planning for the Corporation, Partnership and Limited Liability Company
A workable business succession plan is a critical part of the organization of a business entity, so that the life of the business is not jeopardized by the death, retirement, divorce or disablility of any of its owners. In addition to providing for a buyout of a shareholder's interest, a shareholder or partnership agreement would also fix the price for the decedent's interest for estate tax purposes so costly tax litigation can be avoided to determine its value. The plan also should provide for a source of funding for the purchase. |
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