Category Archives: Business Succession Planning

Happy Tax Day!

Posted on by under Business Succession Planning, Business Transitions, Digital Estate Planning, Estate Planning, Financial Powers of Attorney, Income Tax, Kansas, Living Wills, Medical Powers of Attorney, Missouri, Trusts, Wills

Happy tax day and many happy returns (or refunds, as the case may be)!

In unrelated news, the Daily Mail (UK) has this article about the dangers of using Google to find medical treatments and self-medicating without seeing a doctor about medical issues. A parallel problem exists in the legal world: many people use the Internet to try and solve their legal issues without consulting with an attorney. Remember, if you use an online legal form, you’re doing so at your own risk. If it’s anything important, or that could affect your rights,  your finances, or your family, you should consult with an attorney. Only an attorney has been through three years of law school, passed a bar exam, and become well versed in handling your particular issue. Some online legal resources have useful insights, but many are riddled with errors, hopelessly obsolete, filled with misstatements of the law, or  misleading or incomplete documents that won’t hold up in court (and aren’t worth the paper they’re printed on).

At Johnson Law KC LLC, we constantly review and revise our documents and keep up to the moment on new legal developments to ensure our clients always get the best representation and legal advice. If we can help you or your loved ones, please call (913-707-9220) or email (steve@johnsonlawkc.com) for a convenient appointment.

(c) 2012, Stephen M. Johnson, Esq.

Lump Sum Retirement Planning

Posted on by under Business Succession Planning, Business Transitions, Dynasty Trusts, Estate Planning, Family Business, Family Limited Partnerships, Kansas, Missouri, Probate, Small Business, Trusts, Wills

This video from Smart Money has useful strategies for lump sums from early retirement. If you’ve taken early retirement, you need to review and revise your estate planning documents as well. Call (913-707-9220) or email (steve@johnsonlawkc.com) us and we’d be happy to work with you on your early retirement needs.

(c) 2012, Stephen M. Johnson, Esq.

Shhhh … You’ve Inherited Money

Posted on by under Business Succession Planning, Business Transitions, Dynasty Trusts, Estate Planning, Estate Tax, Family Business, Generation Skipping Tax, Kansas, Missouri, Small Business, Trusts, Wills

Smart Money has this interesting video about how to interact with family and friends when you inherit money or have a large financial windfall. Our law firm has decades of experiencing advising wealthy individuals and families. Affluent people don’t always look the same either – some look like a socialite, while others may be a small business owner or farmer. If you have inherited money or had a windfall, be humble and quiet about it, and talk with your financial advisor and attorney ASAP. If we can help you deal with an inheritance and related estate planning needs, call (913-707-9220) or email us (steve@johnsonlawkc.com) for a convenient appointment.

(c) 2012, Stephen M. Johnson, Esq.

Small Business Tax Strategy

Posted on by under Business Succession Planning, Business Transitions, Estate Planning, Family Business, Family Limited Partnerships, Kansas, Missouri, Small Business, Trusts

So if you’re like millions of Americans, you own, work for, or are part of a small business. America has long been defined by a vibrant entrepreneurial excitement and stream of thought in its economic life. But just like with trusts, setting up a small business may be a matter of tax strategy. Which state will charge you the lowest formation and maintenance costs (e.g. setting up your corporation or LLC and maintaining the required filings)? What is the state’s business income tax? These factors and more are all important for the financially savvy small business owner or entrepreneur to consider.

Bloomberg Businessweek has this article exploring the tax benefits and costs of having a small business in various states. It’s crucial to remember that you don’t have to be a resident of a state to have a business or trust there. In fact, some of the best deals from a tax standpoint may be available outside of your home state. And other things, like friendliness of corporate law and sophistication of the business law courts can be important too. Consider that many large U.S. companies are incorporated in Delaware. Why? Because Delaware has long been considered the friendliest state to businesses in America and its Chancery Court has a long and distinguished history of providing protections to business owners and shareholders from various corporate lawsuits and liabilities.

So if you’re setting up a small business or trust, be smart about taxes! Call (913-707-9220) or email (steve@johnsonlawkc.com) and we can explore the best place to start your small business or trust.

(c) 2012, Stephen M. Johnson, Esq.

Sibling vs. Sibling: The Inheritance Wars

Posted on by under Business Succession Planning, Business Transitions, Dynasty Trusts, Estate Planning, Estate Tax, Family Business, Family Limited Partnerships, Kansas, Missouri, Probate, Small Business

Caren Chesler has this interesting article in the March/April edition of Private Wealth magazine. The article addresses the inheritance wars that often arise between siblings when another sibling gets a larger inheritance for their caregiving work for the deceased parent, or one sibling grew up more frugally than a younger sibling who was born after their parents made a fortune, and the business succession disputes that can break out and threaten companies, especially where one sibling is deeply involved with the company’s operation and another sibling is not in the family business.

All of these inheritance wars boil down to a lack of communication. Communication is critical in estate planning and business succession.  Your desires, wishes, and intent need to be clearly laid out for your children or grandchildren and business partners. And your documents need to be crystal clear to help avoid potentially divisive and costly disputes.

Estate planning and business succession planning can be an excruciating process where raw emotions and decades-old resentments and grudges are laid bare and flare up over the continuation of the family name/money. San Francisco attorney John O’Grady is quoted in the article as recommending a healthy alternative where:

“Everyone has a voice. Everyone knows what the plan is. And in the end, [the siblings] participated in that plan, whether or not mom and did did it their way.” Without good communication about estate planning and business succession, siblings may feel ignored, as if “their parents mentioned a plan but never showed it to them, and they have no idea what’s going to happen when their parents die.” The unhappy result of a lack of communication is that the estate planning process may “end in tears.”

Please give me a call (913-707-9220) or email me (steve@johnsonlawkc.com) if I can help you or your family with estate planning and business succession issues.

(c) 2012, Stephen M. Johnson, Esq.

Who Inherits Your Debt?

Posted on by under Business Succession Planning, Digital Estate Planning, Estate Planning, Family Business, Kansas, Missouri, Probate, Small Business, Trusts, Wills

An interesting discussion on CNBC’s website of what happens when you die with different types of debt. Spring is the perfect time of year to review and update your estate plan. Give me a call or email me if I can help you with the estate planning process this spring.

(c) 2012, Stephen M. Johnson, Esq.

The Demographics of Wealth Concentration

Posted on by under Business Succession Planning, Business Transitions, Dynasty Trusts, Estate Planning, Estate Tax, Family Business, Kansas, Missouri, Retirement, Small Business, Trusts, Wills

The Wall Street Journal has this story about the latest demographic study of wealth concentration. The WSJ notes that (1) the concentration of multi millionaires mainly tracks the population and (2) the number of high network individuals in a community and their relative concentration within that community may be very different. As always, if we can help with your estate planning or small business needs, call or email us for a convenient appointment.

(c) 2012, Stephen M. Johnson, Esq.

Heckerling Insights on Family Businesses and Gift Planning

Posted on by under Business Succession Planning, Business Transitions, Dynasty Trusts, Estate Planning, Estate Tax, Family Business, Family Limited Partnerships, Gift Tax, Gifts to Minors, Illiquid Assets, Kansas, LLCs, Missouri, Small Business

Here’s the first part of the Trusts and Estates annual roundup from the Heckerling Institute in Florida. The Heckerling Institute is America’s premier estate planning seminar for attorneys and other professionals. If we can help you with your family business, gift planning, or other estate planning, call or email us.

(c) 2012, Stephen M. Johnson, Esq.

Bad Demographic News for Baby Boomers

Posted on by under Business Succession Planning, Business Transitions, Dynasty Trusts, Estate Planning, Estate Tax, Family Business, Family Limited Partnerships, Generation Skipping Tax, Gift Tax, Gifts to Minors, Kansas, Missouri, Small Business, Trusts, Wills

If you’re a member of the Baby Boomer generation, you would be well advised to read this demographic study regarding investment returns and retirement planning. If we can help you optimize your estate plan for your retirement needs, please give us a call or send us an email, and we look forward to meeting with you.

(c) 2012, Stephen M. Johnson, Esq.

When Does “Forever” Mean Forever and Donor’s Intent

Posted on by under Business Succession Planning, Estate Planning, Family Business, Trusts

Here’s an interesting Wall Street Journal story regarding a colonial era gift to a Massachusetts school and the meaning of forever as it applies to the donor’s intent. Clearly expressing donor intent in charitable giving or in your estate planning documents is vital. If I can help you clearly express your charitable intent or discuss your estate plan with you, please call or email me to schedule a convenient appointment.

(c) 2012, Stephen M. Johnson, Esq.