Monthly Archives:: November 2023
Own a Business? Do This By December 31st to Get a Year-Long Extension To The Corporate Transparency Act Reporting Deadline
by Tara Cheever ~ Attorney at Law
November 28, 2023
Business Law, Estate Planning, Trusts, Wills
Embarking on business ownership is a gratifying venture, albeit one accompanied by regulatory obligations and reporting responsibilities that may pose challenges to manage. Small business proprietors and those with business interests held in trusts are mandated to adhere to the Corporate Transparency Act (CTA) starting January.
Commencing January 1, 2024, the CTA necessitates that small enterprises divulge the identities of owners holding a 25% or greater ownership stake, alongside individuals exercising substantial control over the company’s operations. This regulation extends to trusts with ownership or control of a business.
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The Life and Legacy of Jimmy Buffett
by Tara Cheever ~ Attorney at Law
November 26, 2023
Estate Planning, Trusts, Wills
Jimmy Buffett died on September 1, 2023, at age 76 after a diagnosis of Merkel cell carcinoma (skin cancer) four years earlier. He was a renowned singer-songwriter, film producer, businessman, novelist, and philanthropist.
Buffett released his first album, Down to Earth, in 1970. By 2023, his net worth was officially $1 billion, including a $180 million stake in his company, Margaritaville Holdings LLC, which opened in 1985 and now brings in $1 to $2 billion annually.
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What You Must Know About Your Right to Your Spouse’s Retirement Benefits
by Tara Cheever ~ Attorney at Law
November 22, 2023
Estate Planning, Retirement Planning, Trusts, Wills
If you are part of a blended family, navigating the complexities of estate planning is crucial to ensure your assets are distributed according to your wishes. Managing considerations such as holiday arrangements for children and planning family vacations is part of the routine. However, it’s equally important to address the fate of your assets, particularly retirement assets, through careful planning.
In the context of blended families, failing to establish a clear plan for your assets before your passing means that the law will dictate the distribution, potentially conflicting with your intentions. This oversight, especially in the case of retirement assets, can lead to significant financial consequences for your loved ones and even result in prolonged and costly conflicts.
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Estate Plan Lessons from DeMuth v. Commissioner
by Tara Cheever ~ Attorney at Law
November 17, 2023
Estate Planning, Trusts, Wills
Lifetime gifts are commonly utilized to minimize estate and inheritance taxes, particularly given the current federal estate tax threshold of $12.92 million. In addition to federal regulations, twelve states and the District of Columbia impose their own estate or inheritance taxes.
Individuals seeking to reduce their taxable estate often consider gifting assets to friends and family. However, a recent case from the United States Court of Appeals for the Third Circuit underscores the importance of carefully timing and structuring such gifts. In this case, the failure to finalize gifts in the form of checks before the donor’s death resulted in a significant financial loss for the estate and its heirs
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How to Talk Money With Your Family Over The Holidays
by Tara Cheever ~ Attorney at Law
November 14, 2023
Estate Planning, Trusts, Wills
The holiday season is approaching, offering a unique opportunity for family gatherings. If you’ve been contemplating discussions about financial matters, inheritance, end-of-life decisions, estate planning, and family wealth, having everyone together presents an ideal scenario. However, broaching these sensitive topics during festive occasions may not be appropriate.
1. Share Your Intention Ahead of Time: Initiate discussions about financial matters well in advance. If you have regular interactions with your family, casually mention your thoughts about creating a plan for your finances and family care. Planting the seed early on can make the idea more palatable. As the family gathering approaches, revisit the topic with more intention, seeking input on the best time for a dedicated conversation. Address any concerns the host may have, ensuring everyone is prepared for a meaningful discussion.
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Can Artificial Intelligence Programs Write Basic Estate Planning Documents?
by Tara Cheever ~ Attorney at Law
November 14, 2023
Estate Planning, Trusts, Wills
With the increased coverage of artificial intelligence (AI) and all of the applications it can have in our everyday lives, some people may wonder whether an AI program can create an estate plan for them. While AI may be able to generate basic estate planning documents, including wills and trusts, there is no guarantee that they will be valid and enforceable.
Providing accurate information and executing the documents in compliance with your state’s laws is critical. Otherwise, your documents will not work as intended. Most people do not have the legal knowledge necessary to determine what clauses and language should be included in a will or trust to accomplish estate planning goals. They also are not familiar with state laws or how to comply with them. This is why people rely on experienced attorneys to prepare the necessary documents to carry out their wishes.
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Transition to Adulthood: What Happens Legally When My Child Turns 18?
by Tara Cheever ~ Attorney at Law
November 7, 2023
Estate Planning, Trusts, Wills
Soon after the challenges of puberty and the excitement of high school, an even larger milestone looms: the 18th birthday. It marks your child’s transition from childhood to adulthood, and with it new responsibilities and rights. From a legal standpoint, this milestone also brings significant changes that every parent should be aware of.
In the eyes of the law, an individual is considered a legal adult at the age of 18. This means that your child gains certain rights and privileges, including the ability to enter into contracts, vote, buy property, and make medical decisions for themselves. While this newfound independence is a crucial part of growing up, it can also pose challenges for parents, especially when adult children need their parents’ help or need someone to make decisions on their behalf.
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Sometimes Stuff Is the Most Important Part of Your Estate Plan
by Tara Cheever ~ Attorney at Law
November 3, 2023
Estate Planning, Trusts, Wills
When planning for the future, it’s common to consider who will inherit financial accounts, properties, and other valuable assets. Yet, it’s equally important to recognize the worth of personal belongings. These items, often overlooked, hold their own significance. To ensure a comprehensive estate plan, take a moment to ponder these questions about your personal property. This step can greatly contribute to a well-rounded approach in securing your legacy.
Value is subjective and varies from person to person. For example, an antique clock may hold significant monetary worth, whereas your grandmother’s class ring may carry sentimental value. It’s important to recognize that different types of value require distinct strategies when considering how they will be passed on or distributed in your estate plan.
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The Scary Truth: Naming Godparents Does Not Create Legal Guardians
by Tara Cheever ~ Attorney at Law
November 1, 2023
Estate Planning, Guardians for Minor Children, Trusts, Wills
As a parent, your foremost concern is the welfare and future of your children. This encompasses planning for their education, health, and overall happiness, which often includes the tradition of selecting godparents to offer guidance and mentorship in the event of unforeseen circumstances.
While appointing godparents holds significant cultural and personal meaning, it is crucial to recognize that designating a godparent is distinct from naming a legal guardian for your children. In practical terms, even if you have designated godparents, there exists a possibility that, in the event of your absence, your children may end up in the care of unfamiliar individuals, child protective services, or with someone you would not choose to raise them.
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