Shop Smartly on Black Friday
The day after Thanksgiving is known as Black Friday, and a lot of people love to shop on that quasi-holiday, as stores across the country have great sales. We’ve all seen the footage from Black Friday—the fights, stampedes, and general bad behavior. In the face of this greed, you might wonder if loving to shop and obtain assets is wrong.
It’s not, though stampeding someone to get a brand-new coffeemaker on Black Friday certainly is. There’s nothing wrong with working hard to purchase something you really want. And, when you get the item you want, you should have the tools to protect it. Asset protection is a series of techniques that legally insulates assets from creditors and civil judgments.
Unlike Black Friday stampeders, asset protection follows the law to a T. In this article, we’ll talk about different asset protection tools and how they can benefit you.
Who Is Asset Protection For?
Certain types of people, such as business owners and professionals, are at a higher risk of incurring a lawsuit than others. For example, dentists face a higher number of lawsuits than everyone else, and 39% of these suits are successful (Bureau of Justice). Of those awards, 21% are over $250,000 (the average is $53,000, says the BoJ).
Right or wrong, America is a litigious society. That is why the field of asset protection has popped up as a semi-defense to these creditors seeking judgments. Here are some tools to note when it comes to protecting your assets.
Land Trust
In Florida, a land trust separates equitable ownership and legal title of a parcel of land. The person who establishes the trust is the beneficiary, and they are the ones who contribute or borrow money to buy the property (i.e. the economic owner). Land trusts provide you with privacy of ownership of this real property, and they are a great asset protection shield.
Business Structures
Some business structures, such as a corporation or LLC, provide asset protection from creditors. An LLC in particular is the most popular tool for holding real estate.
Corporation
Corporations can help protect assets, as they work as a limited liability tool for officers, directors, and shareholders. This business structure can protect your assets from those coming to collect corporate debts or other claims. It can even serve, sometimes, in the right conditions, as a barrier to a breach of contract judgment (something many business owners experience).
LLC
An LLC is not only a fantastic way to hold real estate; it also is a great protection tool for stock market investment portfolios. A Limited Liability Company has the same asset protection benefits that a limited partnership does. A creditor cannot take your interest in an LLC, and a judgment usually cannot take your personal assets in the event of a business dispute.
Equity Stripping
Equity stripping reduces the amount of equity you hold in a property, making it unattractive to creditors. Unfortunately, this tactic, which became widespread in the 2000s, has also been used by predatory lenders who want to take advantage of homeowners who are facing foreclosure. Though equity stripping can be successful, it does not always work. Tax liens, for example, will always trump whatever lien you levy against your property, wrecking chances you have at protecting your assets.
Offshore Trust
This conventional trust is formed under the laws of an overseas (offshore) jurisdiction. This estate planning tool, essentially, grants an individual some jurisdiction outside of America. The individual’s assets are transferred overseas, where they are generally placed under the supervision of estate plan/financial managers. An offshore trust is asset-protective, but it is expensive to set up, generally costing between $12,000 and $25,000.
As you can see, there are multiple ways to protect your home, some of which are not included on this list. Talk to an estate planning attorney today if you feel that asset protection fits your financial situation.
It’s Almost Thanksgiving: What Are You Thankful For?
Well, we can tell you right now what we’re thankful for: being experts at drafting estate plans. Thanksgiving is around the corner, and, just from the name, we all know that this holiday is a season to be grateful for what you have. This year, Thanksgiving (AKA Turkey Day) falls on Thursday, November 24th.
This annual national holiday celebrates the “harvest” and blessings of the past year. Most Americans consider their holiday to be based on a harvest feast in 1621 that was shared between the Wampanoag Native Americans and the English colonists (Pilgrims). Thanksgiving also takes place in Canada, Saint Lucia, Liberia, and Grenada, and there are similar festivals in Japan and Germany, too.
If you think of your assets as a Thanksgiving dinner, what’s the “turkey”? Chances are, your home is your “main course,” as, if you own your home, it is probably the most expensive, largest asset you have. In this article, we’ll talk about different ways you can protect your abode through estate planning.
Home Protection Strategies
You’ll want to contact an estate planning attorney to discuss these home protection strategies. Deciding what you want to do with your home is a financial, emotional, and logistical decision that you’ll want to talk to your family about before going ahead.
Some of the main options for home transfer include:
- Co-Ownership
- A Will
- Revocable Trust
- Qualified Personal Residence Trust
- Through A Sale
Below, we’ll go through each tool individually.
Co-Ownership
This is a pretty simple method. A lot of people put their kids as co-owners on their house deed. If the deed lists another person as a joint tenant, that joint tenant can become a co-owner when the deed is changed. When the original owner dies, the child can automatically take ownership of the house. Note: you’ll have to think about taxation when considering this approach.
A Will
Of course, you can always use a will to pass your home to someone. The owner can put the home as an asset in the will, though you will still have to pass through probate. Probate can be time-consuming and expensive, and there are privacy concerns, as wills are, generally, public documents.
Revocable Trust
This legal structure allows the trustee or grantor to retain control over the assets during their lifetime. They can specify when and how their assets are passed to beneficiaries. The house can be placed into this trust, and, upon death of the creator, the assets will be quickly, private distributed with no need to go through probate. The homeowner will have control or use of their home throughout their lifetime, and efficient distribution will occur upon their death.
Qualified Personal Residence Trust
A QPRT, as it’s known, is a way to move a primary/vacation residence out of your estate using a reduced gift tax cost. The home is transferred to the trust right away, though the owner retains the right to live there during the QPRT term. They are still, during this term, responsible for all aspects of ownership. The QPRT will have an end date, upon which the home will transfer to a beneficiary.
Note: a transfer on death deed is permitted in some states, but Florida does not permit this. In Florida, there has been no adoption of the Uniform Real Property Transfer on Death Act.
Through A Sale
Of course, you can always sell the home to transfer it. If you don’t think your kids will want your home, consider selling it and, later in life, renting a place to live. Maintenance, lifestyle, and health are all factors in whether this will work for you, and you’ll also want to consider the tax impacts of your decision.
Your home is likely your largest, most expensive asset, and you will want to make sure that you distribute or dispose of it in the way that works for you. If need be, contact an estate planning attorney to talk about transferring your home, and have a safe, happy Thanksgiving!
Thoughts For Veterans’ Day
This Friday, November 11th, we’ll celebrate a holiday that calls on us to remember our veterans and what they have sacrificed to keep us safe. Veterans’ Day has been observed for sixty-eight years, and it is a federal holiday, which means a lot of people have the day off to reflect.
While you’re reflecting, consider focusing on what truly matters in life: your family. Estate planning can be an excellent way to protect your family after you pass on. Estate planning, in a nutshell, is the process of arranging and anticipating, during your life, for the management and disposal of your estate when you pass away. It can be a gloomy topic, but we choose to look at estate planning as a celebration of life and a way for your legacy to live on.
Protective Estate Planning
The thing about estate planning is that it doesn’t work if you drag your feet. If you’ve been thinking about getting an estate plan but haven’t done it yet, consider this your wakeup call to meet with an attorney. There are five main components to an estate plan, though there are a lot more tools you can use besides these main five.
Here are the five main components of a solid estate plan:
- Wills And Trusts. Though they’re in the same section in this article, wills and trusts are two different things. A living trust is a legal document that is established during your lifetime. It transfers assets to a trustee to be distributed upon death to your beneficiary. A trust bypasses probate court, which makes it an attractive option. Wills, on the other hand, are last expressions of your final wishes for your assets. They go into effect after you die, and they must pass through probate court.
- Medical Or Healthcare Power of Attorney. This power of attorney is a trusted individual who you appoint to make your financial or healthcare decisions if you are too incapacitated to do so. This PoA acts on your behalf and having such a designation can be very important for your wellbeing.
- Durable Power of Attorney. A PoA is a written document that designates another person as your agent to make decisions on your behalf. The Durable Power of Attorney covers a wide range of business and legal matters.
- Living Wills/Advance Directives. Living wills/advance directives are legal documents that specify the medical treatments you would or wouldn’t want to be used to remain alive in the event of a medical emergency. It can also detail your decisions on pain management and organ donation. As you can imagine, this document is very personal to the creator.
- Beneficiary Designations. A beneficiary designation lets you transfer assets to individuals no matter the terms of your will. These designations are usually used when a retirement account, life insurance policy, or financial account are established. Your beneficiary gets the proceeds of the account when you die.
Asset Protection vs. Estate Planning
Estate planning is an excellent way to manage your affairs and ensure things are in order when you die. Estate planning is different from, though no less important than, asset protection.
Asset protection consists of a body of legal techniques, which abide by the law, that protect the assets of individuals and entities from judgments and creditor claims. Asset protection planning insulates assets from creditor claims without committing tax evasion or perjury. Insurance, transferring assets, retitling assets, creating a trust, and more are all legal, useful ways to insulate your property and money from civil judgments.
Both estate planning and asset protection are necessary for those who want to ensure that their assets are distributed in the best way possible. Contact a WFP estate planning attorney today to learn more.
Preparing for The Scary Moments In Life
Halloween is just around the corner, and it seems as though everywhere you look, there are fall festivals, pumpkins, scary costumes, and stores full of festive décor. For a lot of us, it is our favorite time of the year. However, horror movies and haunted houses are one thing—the real scary moments in life are another.
Estate planning can help you through life’s scariest moments, such as illness and injury, death, divorce, and even happy-scary times like marriage, new births, and other major changes. This article will walk you through how estate planning can help you prepare for huge events in your life.
Illness and Injury
Illness and injury are perhaps the two most common items on this list of life changes, and that’s a shame, as neither are very pleasant. Luckily, estate planning can help you through these tough periods of your life, even if you’re not well enough to handle them yourself. Here are some legal tools that can aid you if you’re sick or injured:
- Financial Power of Attorney. This trusted individual is someone that you handpick and appoint to manage your financial affairs in the event that you’re too incapacitated to do so yourself.
- Healthcare Power of Attorney. Much like the financial power of attorney, this person is someone you trust with decision-making. Except, instead of financial decisions, your healthcare PoA helps you with healthcare-related issues, talking to doctors, nurses, long-term-care facilities, and more on your behalf.
- Healthcare Directive. A healthcare directive communicates your wishes to doctors and nurses in the event that you’re too sick to do so yourself. This is an intensely personal document, often consisting of DNR orders, religious views and preferences, and similar requests.
Death
Alas, death comes for us all—as the old saying goes, death and taxes are the two unavoidable burdens in life. One of estate planning’s primary goals is to distribute assets responsibly after you die, and having documents like a last will and testament can help you do so.
A last will and testament is a final expression of your will. This legal document appoints an executor and lets the court know where your assets should be distributed and to whom. A trust, on the other hand, does not have to go through the probate process, as it is an immediate transfer of property title to a trustee for the benefit of a beneficiary.
Whichever legal document you choose, you don’t want to DIY it. Hire an attorney to draft your estate plan in order to ensure no technicalities are missed and all documents comply with the law.
Divorce and Marriage
When you get divorced, you will want to immediately revise your estate plan. You won’t want your ex-spouse listed as a beneficiary on any legal documents and changing that in your plan is a must-do. On the reverse side, the same goes for marriage. You’ll want, in this case, to add your spouse into your estate plan wherever applicable. Both of these major life events require you to take a second look at your estate plan.
New Births
When new members are added to the family, that is a cause for celebration. It is also a cause to call up your estate planning attorney. A new birth might mean a new heir, and you don’t want him or her to feel left out in your will.
The rule of thumb is that you should update your estate plan every three to five years or after a major life change like the ones listed above. Life can throw curveballs at you, but estate planning will help you keep your eye on the ball. Call WFP to draft your estate plan today.
Cryptic Crypto? Crypto Assets Shouldn’t Be A Mystery
Cryptocurrency has really taken off in the past ten years, and coins like Bitcoin, Litecoin, Ethereum, and many, many more majors, minors, and exotics have become mainstream as a form of digital currency. Crypto assets are assets, and that means that they have a purpose and a place in your estate plan, if you own them. In this guide, we’ll talk about the basics of cryptocurrency in estate planning.
Legal Developments
Cryptocurrency is far newer than, say, money or stocks. These assets have been around for centuries, and land and property have been around for even longer. Crypto, by comparison, is very, very new. This means that crypto laws, protocol, and regulations are changing every day, and this changing nature is why it is important to contact an attorney to handle your digital asset affairs. A licensed attorney will ensure that you are properly following the law and not missing anything unintentionally that could get you in trouble later.
There are a lot of advantages to crypto, though the digital coins come with their downsides, too. Crypto can offer protection from inflation, and it is decentralized, self-governed, and private. Currency exchanges are easy to conduct and, depending on what you are buying, crypto coins are often the most cost-effective way to transact and conduct business. This guide will walk you through some of the basics of estate planning and cryptocurrency.
Providing Access
One of the most important things to consider when you are estate planning with crypto is to ensure that your executor (the person distributing your assets after you die in accordance with your will and other documents) knows what crypto assets you hold and how to access them. Forbes released a report recently that said that accessing crypto is the “most difficult component” to this entire process.
Investors need passwords, access codes, digital keys, and more to access their assets. They are notoriously private about these personal codes, but that privacy should not be overdone; otherwise, you risk losing everything when you die, your tokens going permanently un-invested and unused.
Writing down, on paper, your crypto keys, passwords, and all the information about how to access your tokens in a must-do. Explain the type of assets, access controls, and key locations for this digital currency. PINs, multi-signature, passphrases, time-lock requirements, and more should all go on this document. When you’re done, make copies. Store these papers in a lockbox at your bank or somewhere equally as secure.
What is Recommended?
Crypto experts in this emerging field have come up with some recommendations for estate planning with digital assets. These include:
- Making two copies
- Storing the copies in separate secure locations
- Keeping your list updated frequently
Many states have enacted laws that allow executors to manage crypto and other digital assets in the same way (or similar to, at least) that traditional assets are managed. This can help executors, who often feel the urge to sell off crypto quickly. Executors won’t feel as much backlash from heirs if currency values drop, as they won’t have sold the coins.
But again, all of this is moot unless crypto keys and other access instructions are given. A court order is impotent if you cannot access the digital assets. If you do not leave clear instructions for your executor to access your keys, you could be setting your heirs up for legal ramifications, such as a lawsuit.
This new field might be a little confusing to you, as laws change every day. Contact an attorney to learn more about how you can protect this asset in your estate plan.
October is Breast Cancer Awareness Month
In addition to being “Spooky Season,” we mustn’t forget that October is also Breast Cancer Awareness month. The fight against breast cancer is still ongoing all around the world, and research is ongoing every day to find new treatments and, hopefully, a cure for this illness. Around 288,000 new cases of breast cancer will be diagnosed by the end of 2022, according to the American Cancer Society. Sadly, in 2022, around 43,250 women will, unfortunately, die from this life-threatening disease.
Around one in eight women will develop breast cancer in her lifetime, underscoring the importance of getting regular mammograms to stay ahead of the disease. Breast Cancer Awareness Month reminds us to think about the people we love. Luckily, there are legal tools to help us do just that.
Estate Planning and Illness
Estate planning is very important, especially if you have a chronic or acute illness. Estate planning allows you to protect your assets and transfer them to designated heirs after you die. But, that aspect is just one small part of this expansive legal field. There are also useful tools and documents that can help you if you are incapacitated and/or sick. Here are three main ones below, but this list is far from extensive.
Power of Attorney
A power of attorney is a trusted individual (whether part of your family or not) who you appoint to manage your financial and/or healthcare affairs in the event that you become too incapacitated to do so yourself. Your power of attorney will make key decisions relating to your healthcare, and they will communicate with doctors, nurses, banks, and whoever else in order to keep your affairs in order.
Some traits of a good power of attorney include:
- Understanding. Your power of attorney should understand what their duties are and how to execute them. He or she should know when to ask for help when necessary. You want a PoA who knows what they don’t know.
- Communicative. You want a power of attorney who can communicate and collaborate constructively and effectively with lawyers, accountants, medical staff, and others. If your “trusted individual” is notoriously belligerent or hard to deal with, they won’t be the best choice.
- Trustworthy. You’re entrusting this person with major life decisions. You want to know that they have your best interests at heart at all times.
- Logistics. You’ll want a power of attorney who lives nearby or, at least, who is able to be a constructive presence when needed.
Healthcare Directive
Much like a power of attorney, your healthcare directive comes into effect when you are too incapacitated to voice your own wishes yourself. That said, this directive is its own document, far separate from a PoA document. The directive outlines your wishes to doctors and nurses when you’re not able to tell them these on your own. Examples of wishes can include Do-Not-Resuscitate instructions, religious views, and other personal, important orders.
Guardianship
If you have minor kids, you do not want to forget to include guardianship papers in your estate plan. If you die, who will take over your parenting duties? Your proposed guardian should, first of all, be on-board with their appointment. They should be someone you trust, who can take care of your kids’ day to day needs and nurture them.
The Main Goals
The main goals of estate planning include minimizing expenses legally, distributing assets responsibly, and maintaining control while living. It is this third goal to which this article references: the ability to keep as much control as you can over your life, even if ill.
Though we never want to think of the worst-case scenario, Breast Cancer Awareness Month reminds us that we have to keep our estate plans in place in order to ensure that, in the event of illness, our loved ones are protected. Contact an estate-planning attorney today to help you set up your plan.
Revising Your Estate Plan (And Other Must-Dos)
Fall is here! Well, almost. Though it is still pretty hot out there, fall is upon us. After all, most stores have already begun putting out their Halloween decorations, much to spooky-season-lovers’ delight. We’re only a few weeks away from pumpkin spice and horror movies.
With the arrival of this new season, it’s important to make sure that you’ve revised your estate plan, if necessary. In this guide, we’ll talk about why revising is vital, and we’ll give you information on life changes that might require you to add an additional tools to your estate planning toolbox. While the rule of thumb states that you should review your estate plan every three to five years, sometimes, you have to revise it sooner than that time frame.
What Happens If You Don’t Revise?
If you don’t revise your estate plan, this mistake can lead to people being left out. There might be a would-be heir that gets nothing because he or she wasn’t included in your will. On the reverse side, people might be included who shouldn’t be, including exes, individuals with whom you’ve had a falling out, the deceased, and more. It makes everything easier come probate (should your estate have to go through this process) if your plan is up-to-date.
There are several life events that should trigger you to contact your estate planning attorney for a meeting. These include divorce, death, marriage, new births, and illness. We’ll go through each below, giving examples of how they could change your estate plan.
Divorce
Divorce is the legal end of a marriage. It brings with it a lot of challenges, no matter how amicable this split might be (and it’s rarely that amicable). When you and your ex-spouse get divorced, you need to remove him or her from your estate plan. They also need to be removed as a beneficiary from any insurance or retirement policies you may have. When you talk to your lawyer, he or she will help you “scrub” your estate plan to ensure that you remove your ex-spouse.
Death
Death is similar to divorce in that someone deceased also needs to be removed from your estate plan. Though the law won’t recognized dead or divorced parties in certain estate planning documents (it will treat them as void), it’s a good idea to keep your plan updated, so as to avoid confusion and give your estate the best chance possible at moving through probate quickly and efficiently. The deceased, though you might feel more fondly about them than your ex-spouse, need to also be “scrubbed” from your estate plan when you meet with your attorney.
Marriage & Births
On a happier note than divorce or death, marriage and new births mean new heirs and potential beneficiaries. If you’ve welcomed someone new to the family, he or she needs to be added into your estate plan. You don’t want to wait to make this change, lest you pass before you add them and, as a result, they get left out (it happens more often than you think). Act quickly to add new family members into your will and other documents.
Illness
Illness (and injury) is another reason you’ll want to take a new look at your estate plan. There are many documents in an estate plan that deal with illness and end-of-life care, including a:
• Healthcare Directive. This directive informs doctors and nurses of what you want with your care if you are too incapacitated to tell them yourself. Healthcare directives often are deeply personal, including things like a “Do Not Resuscitate” order and more.
• Power of Attorney. You can choose a trusted individual to manage your affairs (financial, healthcare, etc.) when you are too sick or unwell to do so yourself. You choose this person yourself, and he or she abides by your wishes and acts as your agent when making decisions.
• Guardianship. If you are sick and have minor children, you’ll need to appoint a guardian for them, in the event that you pass on. Talk to your desired guardian before putting him or her on the paperwork.
Though your estate plan should include these documents, if it doesn’t, you’ll need to draw them up with an attorney. Even if you have these in place, it is always a good idea to review them to make sure they are correct. As with all of the life changes in this article, you always want to ensure your estate plan is a correct reflection of your life today. Visit our website to reach out and learn more.
The Basics of Cryptocurrency Trustee Service
The numbers show that cryptocurrency is a huge market. No matter how you feel about the prospects of this digital, decentralized, anonymous currency, there is no denying that crypto coins are a huge part of today’s economy. The global cryptocurrency market cap, as of August 1st, 2022, is $1.06 trillion. $112 billion is traded per day, and 65% of coin owners own Bitcoin. A $22 investment in Bitcoin in 2012 is worth $1 million today.
There are upsides and downsides to owning crypto. Advantages include protection from inflation, privacy, no attachment to banks, easy to exchange, and cost-effectiveness. More and more businesses are accepting cryptocurrency as payment. Though the market is volatile, it’s easy to see why many coin owners swear by this form of currency.
More than 300 million people own cryptocurrency, and that means that this digital currency is a big part of estate planning for some individuals. Your estate includes your assets, and crypto is an asset for millions. Because it is an asset, that means that it can be included in an estate plan.
Crypto & Estate Planning Today
The cryptocurrency market is evolving rapidly, and the law is still trying to catch up. Crypto does create challenges in estate planning. The virtual asset is anonymous, and it might not be easily identifiable for heirs. Additionally, Bitcoin transactions require a private key. Each wallet has a private key and public address, but, otherwise, there is little personal information attached to it. Access is not as easy as with other assets (a house or car, for example).
Does that make it impossible to include Bitcoin and other currencies in an estate plan? Not at all. There are even cryptocurrency trustee services, and these services are the subject of this article.
Cryptocurrency Trustee Services
Trusts can own cryptocurrency, and, in fact, it is sometimes recommended that a trust be the primary estate planning tool because trusts afford privacy that wills do not. Wills have to go through probate, a public process. Because cryptocurrency assets are accessible only through passwords, PINs, and other private information, it’s best to keep this sensitive data out of the public eye. In a cryptocurrency trust, the donor transfers legal title to the cryptocurrency to a trustee. At the donor’s request or signal, the trustee transfers the cryptocurrency to the beneficiary.
Here are some things to think about if you have a trust that owns crypto:
• Authority. Cryptocurrency can be considered speculative, which means that it could fall outside of a “reasonably prudent” standard of investment for your trust, should this apply. You’ll need to include language in the trust document that gives your trustee the authority to hold the crypto as a trust asset.
• Choice Of Trustee. Some professional fiduciaries, like banks, don’t allow their employees to serve as a trustee to a trust that holds crypto. If you want to name a fiduciary, you’ll want to interview them about their policies. Always have a backup in mind in case your first choice doesn’t want to take the appointment.
• Access. Make sure that whatever trustee you choose has access to your wallet by telling them what data they need (keys, passwords, etc.) to access the wallet, how to get into it, and where to find it.
• Taxes. Distributions of crypto to beneficiaries will have to be reported on your trust tax return. So, it’s important for your trustee to know how much crypto you have for tax reasons. Keeping a record of when and how you acquired your crypto will assist your trustee in complying with all reporting requirements.
If any of this is confusing, don’t worry. It’s a new field, and the law is still evolving to catch up. Contact an attorney today about setting up a cryptocurrency trust.
What Can A Properly-Designed Asset Protection Plan Accomplish?
Asset protection acts as a safeguard between your creditors and you if you’re going through a divorce, getting sued, or going through some other legal battle. In this litigious society, it is vitally important that you have an asset protection plan, no matter whether you’re an individual or business. The more you accumulate assets and wealth, the bigger a target you are for creditors and other people who might be looking to take your hard-earned cash and property.
What Does An Asset Protection Plan Entail?
This plan consists of legal tools and documents that insulate your assets without running afoul of the law, hiding things, transferring fraudulently, evading taxes, or committing bankruptcy fraud. There are plenty of asset protection tools that an AP plan could entail, including:
• Land Trust. You can hold property in the name of a trustee, thus keeping your name from being revealed in public records. This is more of a privacy tool than asset protection device.
• Living Trust. A trustee delivers your assets to your heirs upon your death, and there are many different forms of these legal tools.
• Corporations. Forming your business as a corporation turns the company into a separate person, at least as far as the law goes. When someone sues your corporation, unless they’re able to “pierce the veil,” it is the business that incurs the lawsuit, not you.
• Asset Protection Trust. An APT holds an individual’s assets and shields them from creditors legally. These trusts provide the strongest protection against lawsuits, creditors, exes, and more.
There are many other asset protection tools; what is seen above is just a selection. Contacting an estate planning attorney will help you put together the right plan for your assets and situation.
What Can This Plan Accomplish?
There are many different goals that having a well-structured, properly-carried-out asset protection plan can accomplish. This plan can achieve your important objectives, and it also:
• Uses the most favorable asset protection laws on the books
• Keeps your property free from attachments and liens, if possible
• Provides privacy and protection for future earnings and accumulated wealth
• Protects against liability that exceeds your insurance coverage
• Enhances your legal negotiating leverage
• Protects retirement savings
• Protects business assets from claims
• Protects accounts receivable from claims
• Insulates rental properties from outside/inside lawsuits
Generally, estate planning is thought to involve only issues of passing property and preserving assets for family members after your death. But, asset protection, which is a part of this general field, deals with the immediate, vital need to protect your assets during your lifetime.
Who Needs An Asset Protection Plan?
Every individual and every business can benefit from an asset protection plan, but there are some who are especially in need of an APP. They include individuals who work in high-risk professions, such as doctors and lawyers. People sue doctors and lawyers all the time, and asset protection can keep these professionals’ assets safe from liability.
Additionally, wealthy individuals might be a target for creditors because they have a high net worth, so asset protection plans offer a shield. Sometimes, APTs are even used to replace a prenup.
It’s important to contact an attorney to set up an asset protection plan. The attorney will be able to maneuver through the legal jargon and technicalities, setting up the plan without legal errors that could make it vulnerable to challenge.
Additionally, going through a lawyer ensures your asset protection abides by the law. There are many laws that prevent concealment and fraudulent behavior, and it is important that you do not run afoul of any of them (or you’ll find yourself with far bigger things to worry about than creditors). An attorney can make sure you toe the legal line, all while getting the most asset protection possible – contact WFP now.
Small Business Planning FAQs
There’s no denying that small businesses are the backbone of America. According to the SBA, there are 31.7 million small businesses in the United States. By the end of 2022, 17 million more will be formed, something that NASDAQ expects will set a record for entrepreneurship. These new business owners likely have a lot of questions, so, in this guide, we will answer some of the most common small businesses planning FAQs in the state of Florida.
Writing A Business Plan
What Should This Plan Include?
According to the SBA, it is vitally important to write down your business plan, no matter whether you’re seeking financing or not. This business plan should include your mission statement, product or service, and information about your employees, location, and leadership team. If you are seeking funding, you should include information about high-level growth plans and other financial must-knows.
Starting A Small Business
What Is An Overview of the Process?
There are a lot of steps to starting a small business, but you should first conduct market research, as that will help you decide whether your idea will be successful in the environment in which you’re starting your company. Then, write your business plan, decide on funding if you’re seeking it, and pick your location.
You’ll want to choose a business structure. There are several from which to pick, and some of the most popular include:
- Sole Proprietorship. This uncomplicated form of business is simple, and, in Florida, you do not need to register it with the state. There is no formal paperwork required to set it up, and it is owned and operated by one person (you).
- Partnership. In Florida, this is created when 2+ people agree to conduct business together in pursuit of a profit, even if the people do not intend to form or do not write an agreement to form this partnership.
- Limited Liability Company. A very common type of business structure, an LLC combines the easy administration of a partnership with the tax benefits of a corporation. In Florida, you get pass-through taxation when you form an LLC. That is one of the reasons this type of business structure is so popular in this state.
- Corporation. This type of business is its own legal entity, and it exists separately from the people who own and operate it. A corporation is considered its own “separate” person, as far as the law goes.
Registering Your Small Business In Florida
For certain types of business structures, you will need to register your small business. It is advisable that you seek the counsel of an attorney to do this, as the attorney will be able to make sure it is done properly the first time, with no technicalities missed.
How Do I Incorporate a Business in Florida?
There are several steps to incorporating a business in Florida, should you choose a structure that requires this process. First, you’ll need to select a new, unique name for your business that no one else has. Then, you should choose the type of business you want and file Articles of Incorporation with the State Department of Florida.
On those Articles, you’ll need a company name, physical address, mailing address, names and addresses of the company’s owners, and an email address. The next step will be to obtain an EIN filing (Federal Employer Identification Number). If you have an LLC and it is a single member, you may just choose to use your social security number for business transactions.
You’ll then want to secure a business/occupational license with your county. This is required by most Florida counties in order to do business. You’ll want to check with your local tax collection office to see their requirements. One final step will be to secure a bank account for your company, as monies entering and leaving the business must go through this account.
If these steps seem overwhelming, they don’t have to be, if you have the right legal help. Contact an attorney today to help you get through the process of starting your business.