Category Archives: Family Limited Partnerships

Final Boarding Call: Estate Planning in 2012

Posted on by under BDITs, Business Succession Planning, Business Transitions, Dynasty Trusts, Estate Planning, Estate Tax, Family Business, Family Limited Partnerships, Financial Powers of Attorney, Generation Skipping Tax, Gift Tax, Gifts to Minors, Illiquid Assets, Kansas, Living Wills, LLCs, Medical Powers of Attorney, Missouri, QPRTs, Small Business, Special Needs Trusts, Trusts, Wills

The WSJ has this helpful article reminding folks to get their estate plans in order, especially for families with $1 to 5 million+ in assets. As we ring in the new year in a few short months, if Congress hasn’t done anything on the tax front, you’ll see several changes hitting your pocketbook. The Bush tax cuts will expire – so you’ll owe tax if you (1) die with more than a $1 million estate, if you (2) give more than $1 million to family or friends, or (3) if you do more than $1 million generation skipping transfers (e.g. grandparents to grandchildren). Portability is also set to expire, so you won’t be able to use your predeceased spouse’s estate tax exemption. The Obama payroll tax cut will also expire – so you’ll have less take home pay from each paycheck. Like the historically low interest rates now in play, we may not see estate and gift tax laws that allow you to pass on your hard-earned wealth and leave a legacy for your family again in our lifetimes.

Echoing the anecdotes offered in the WSJ article, our firm has been very busy lately, and our appointment calendars are filling up with work, as are the other professionals we work with to best serve clients with a holistic approach. If you need to do any estate planning, business, or real estate work before 2013, it’s time to act. If you have a small business, real estate interests, or other potentially hard-to-value assets, you may need to have an appraisal done before structuring your business succession plan, or setting up a family limited partnership (FLP) or family LLC. Appraisers’ schedules are filling up, so if you’re thinking of passing on your business or real estate holdings, it’s time to bite the bullet and get it done. Your family will thank you and you’ll be able to enjoy the holidays with the peace of mind that everything’s taken care of according to your desires.

We offer a free 1/2 hour consultation, convenient and affordable flat fee billing, and we’re a simple phone call or email away at (913) 7o7-9220 or steve@johnsonlawkc.com. At Johnson Law KC LLC, we look forward to serving your legal needs.

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

Gifts and FLPs in 2012

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

CNBC has this interesting article regarding the increasing popular estate planning tactics of gifts and setting up family limited partnerships or family limited liability companies (FLPs) in 2012 to take advantage of the $5.12 million per person gift tax exemption. Our firm is advising numerous clients on leveraging the gift tax exemption this year (before it falls back to $1 million on January 1, 2013 when the Bush tax cuts sunset absent Congressional action) and drafting FLPs or family LLCs to meet client’s estate planning needs.

If you had over $1 million, real estate, business interests, or want to extend your family’s legacy to your children and grandchildren and beyond, now is the time to look at gifts and see whether a FLP, family LLC, or dynasty trust may be right for you. Call (913-707-9220) or email us (steve@johnsonlawkc.com) for a convenient appointment to discuss your estate planning strategy. We offer a complimentary 30 minute consultation. Our firm has experience counseling high net worth individuals and families on their estate planning needs and we frequently design FLPs or trusts for clients. A well-designed and carefully crafted FLP or trust is like a finely polished diamond: We understand the legal, tax, and business facets of protecting your assets, providing for your family, and ensuring the legacy of your values continues for generations.

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

Holistic Estate Planning and Leaving a Legacy of Your Family’s Values

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

Here’s an article on a relatively new concept called holistic estate planning that combines traditional estate and tax planning considerations with mediation, family conferences, and facilitating the sharing of values and communicating across generational boundaries. The estate planning attorneys in our office strongly recommend holistic estate planning and believe that it’s a great way to bring families closer, pass on a strong and positive legacy of values and family traditions to future generations, and ensure all family members can play a vital role in the family’s ongoing legacy, business or real estate interests, and impact on the local community.

A practical application of holistic estate planning is found in this article in this weekend’s LA Times. Two siblings – one conservative and one liberal – are using some of their inheritance to promote their political ideas in California. The brother and sister are the children of Charlie Munger, the Harvard trained lawyer and investment partner of Warren Buffett, the legendary investor behind Berkshire Hathaway. The article illustrates an overarching goal of estate planning: having sufficient financial and other freedom to pursue your passion.

If we can help you and your family with estate planning or serve you in the holistic estate planning process, give our firm, Johnson Law KC LLC, a call (913-707-9220) or email us (steve@johnsonlawkc.com) for a convenient appointment.

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

Heckerling Insights: Part 3

Posted on by under BDITs, Business Succession Planning, Business Transitions, Dynasty Trusts, Estate Planning, Estate Tax, Family Business, Family Limited Partnerships, Generation Skipping Tax, Gift Tax, Income Tax, Kansas, Missouri, Probate, QPRTs, Small Business, Trust protector, Trusts, Wills

Here are some interesting insights from our colleagues at the Heckerling Institute from this year’s conference. Among other topics, beneficiary defective inheritor’s trusts (BDITs), generation skipping tax planning (GST), trust protectors, qualified personal residence trusts (QPRTs), grantor trusts, and various probate planning issues are discussed. If we can help you and your family with any of these issues or address other estate planning or small business issues you have, please call (913-707-9220) or email us (steve@johnsonlawkc.com) for a convenient appointment.

Our firm, Johnson Law KC LLC, is developing a practice in Missouri inheritor’s trust and other beneficiary defective inheritor’s trusts (BDITs) and excited about sharing this new tool with clients to help meet their estate planning needs now and for generations to come.

(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.

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.

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.

Offshore estate planning

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

The Wall Street Journal has this interesting article on offshore estate planning tactics with reference to Mitt Romney’s IRA. If I can help you with offshore or domestic estate planning issues, please call me at your convenience.

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