Category Archives: Missouri

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.

Probate and attorneys’ fees

Posted on by under Business Succession Planning, Estate Planning, Estate Tax, Family Business, Financial Powers of Attorney, Kansas, Living Wills, Medical Powers of Attorney, Missouri, Probate, Small Business, Trusts, Wills

Here’s a cautionary story from the Daily Mail about a wealthy Connecticut man who died, leaving an estate of $162 million, in 1986, which was consumed by attorney’s fees during the lengthy probate process. The Connecticut story was an extreme case and no doubt left the family displeased with their attorneys. Probate cases are usually completed within a few months to year or so, depending on the complexity of the assets involved and how cooperative the heirs are. But probate horror stories like this one are what cause many people to avoid probate with a trust, joint tenancy property, transfer on death or pay on death, and other probate-avoidance techniques.

If you’re involved in a probate estate or need a good estate plan to avoid probate, call (913-707-9220) or email (steve@johnsonlawkc.com) our office, Johnson Law KC LLC, for a convenient complimentary consultation.

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

The New Economy: Time for an Estate Planning Checkup

Posted on by under Business Succession Planning, Estate Planning, Family Business, Financial Powers of Attorney, Kansas, Living Wills, Medical Powers of Attorney, Missouri, Small Business, Trusts, Wills

The Wall Street Journal’s Real Time Economics blog has this post detailing a new report from the Federal Reserve that familys’ net worth fell nearly 40% between 2007 and 2010, as the financial crisis engulfed the economy and left a stubborn recession in its wake. The new economic realities we find ourselves in nationally and globally call for a review of your estate plan. Whether you’ve got an older estate plan that’s been in place for years or are a young professional or new entrepreneur who’s never done estate planning before, we can help guide you through the process. Call (913-707-9220) or email (steve@johnsonlawkc.com) our office, Johnson Law KC LLC, for a convenient appointment and complimentary consultation.

(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.

Interesting investing trend

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

According to this CNBC article, many very affluent investors are shifting their investment portfolios around as they search for (1) safety and (2) yield. Safety or asset preservation and yield or accumulation are two often conflicting goals for investors. The article does point out that following the investing habits of very affluent investors (those with over $30 million to invest) is not necessarily a good idea for ordinary investors. But as Robert Frank notes, wealthy investors “set the tone for the broader market,” so if they are dumping publicly traded U.S. stocks in favor of private companies, real estate, and commodities (as the study suggests many are), it may send signals rippling through the broader stock markets for some time.

For both asset protection (from creditors, taxes, divorcing spouses, and spendthrift children) and tax benefits, we’re recommending Inheritor’s Trusts or Beneficiary Defective Inheritor’s Trusts (BDITs) to many of our affluent clients, clients who anticipate  receiving an inheritance from their relatives of  over $400,000, and entrepreneurial clients who like to start, grow, and sell small businesses. An Inheritor’s Trust works well in any of these situations and is an exciting new tool to help facilitate your estate and financial planning needs. Call (913-707-9220) or email (steve@johnsonlawkc.com) our law firm, Johnson Law KC LLC, to learn more about how you can benefit from an Inheritor’s Trust and for a convenient and free half-hour consultation.

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

A One Year Extension to the Estate Tax Law?

Posted on by under Estate Planning, Estate Tax, Family Business, Gift Tax, Gifts to Minors, Kansas, Missouri, Small Business, Trusts, Wills

House Speaker John Boehner (R-OH) said in an interview yesterday that he wants the current estate tax law extended for one year. President Obama is opposed to extending the so-called Bush tax cuts. If Congress and the President do not take action, the estate tax will come back at its pre-2011 tax cut level in 2013 – up to 50% tax on any estate over $1 million. Such a move would not only cause confusion and uncertainty for estate planning professionals and their clients, it would also have economic consequences, including plunging America back into a recession, according to the Congressional Budget Office. As we get closer to 2013 and this fall’s election, expect lots of discussion from Washington, D.C. regarding taxes.

In the meantime, married couples can give up to $10.24 million in gifts to family members and friends this year and leave a combined $10.24 million estate without paying federal estate or gift taxes. If our firm, Johnson Law KC LLC, can help you with your estate planning needs, please email (steve@johnsonlawkc.com) or call (913-707-9220) us for a convenient appointment and free half hour consultation.

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

5 Reasons to Have an Estate Plan

Posted on by under Estate Planning, Estate Tax, Family Business, Kansas, Missouri, Small Business, Trusts, Wills

From Texas Tech law professor Gerry Beyer, a noted estate planning scholar and author of the Wills, Trusts & Estates Prof blog, here are 5 reasons to have an estate plan.

Many people think that only wealthy married couples need estate plans. Nothing could be further from the truth. If you are an adult or have children, you need an estate plan. Every adult needs at least a will, a living will, a durable medical power of attorney, and a durable financial power of attorney. Many adults greatly benefit from using a trust to shield their hard-earned wealth from taxes and protecting assets or a professional practice (e.g. law, medicine, engineering, accounting). If our law firm, Johnson Law KC LLC, can help you with your estate planning needs, call (913-707-9220) or email us (steve@johnsonlawkc.com) for a convenient appointment and a free 1/2 hour consultation.

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

Digital Estate Planning: Email Access

Posted on by under Digital Estate Planning, Kansas, Missouri

Via the Wills, Trusts & Estates Prof Blog comes this helpful article from Elder Law Answers about being sure to include email access in your estate plan.

Many people wisely visit their attorney to make an estate plan to provide for their family and facilitate a smooth transition of their hard earned wealth and handling their last affairs. But most people don’t think about digital estate planning – emails, Facebook, LinkedIn, computer passwords, online banking and investment accounts, YouTube video accounts, Flickr and other photo sharing sites, and even contents of computers and smart phones. Be sure your digital assets are protected with a digital estate plan. If our firm, Johnson Law KC LLC, can help you with your digital estate planning needs, call (913-707-9220) or email us (steve@johnsonlawkc.com) for a convenient appointment.

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

Special Needs Trusts for Veterans and Military Families

Posted on by under Estate Planning, Gifts to Minors, Kansas, Missouri, Special Needs Trusts, Trusts, Wills

Via the Wills and Trusts Prof blog, Bernard Krooks, a New York lawyer who spoke very persuasively on long term care planning at the 2012 KC Estate Planning Symposium, has this article in Forbes on a new provision to allow military veterans and active service members to start special needs trusts for their severely disabled children, to ensure their families receive better care. Great idea, advocated by Sen. Jerry Moran, who hails from the great state of Kansas (my home state).

If our law firm, Johnson Law KC LLC, can help you and your family with a special needs trust to provide for your family member, please call (913-707-9220) or email us (steve@johnsonlawkc.com) for a convenient appointment.

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

Facebook: to prenup or not?

Posted on by under Business Succession Planning, Estate Planning, Family Business, Kansas, Missouri, Prenups, Trusts, Wills

Last week’s Facebook IPO made several early investors billionaires or millionaires – kudos to them on having a nice payday from their investment. Donald Trump offered some indirect advice –  get a premarital agreement – to Mark Zuckerberg, Facebook’s co-founder, official face, and the world’s youngest billionaire. As it turns out, Zuckerberg married his long time girlfriend the day after the IPO in a private ceremony – congratulations to the happy couple!

So do estate planners recommend premarital agreements for their clients? It depends on the lawyer. I recommend couples consider premarital agreements when it’s a 2nd marriage for both spouses, to help resolve potential inheritance issues with their children from previous marriages. But I don’t usually advise couples to get premarital agreements in cases of wealth inequality or some other circumstances. What do you think? To prenup or not?

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