THE NEED FOR A PROPER BUSINESS STRUCTURE

Posted by on Apr 19, 2017 in corporate formation, estate planning, tax |

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THE NEED FOR A PROPER BUSINESS STRUCTURE

There are a variety of business entities that can be incorporated into your wealth preservation plan. A Limited Liability Company (LLC) is a commonly used structure that provides its “members” (owners) with control over assets, without the risks associated with having title in their own personal names.

By owning your assets in an LLC, you are safeguarding them from being pulled into a lawsuit brought against you, as you do not “own” them. The LLC provides higher liability protection than a corporation and, if organized correctly, any potential creditor or litigant would be limited to gaining only a charging lien against the LLC. Your home and other assets (bank account, etc.) may not be touched, because you do not own the business directly, thus you are not personally liable. It’s like being a stockholder in a corporation.

Due to the fact that there are several requirements to properly forming an LLC, you will want to seek an attorney (that has a thorough understanding of such asset protection) to assist you in ensuring that the LLC is valid; otherwise, your safeguarding efforts will be futile. Also, keep in mind, the timing of the asset transfer cannot be done to actively avoid a present creditor, as it may be considered a “fraudulent conveyance.” Therefore, it is important to partake in these asset protection strategies prior to any legal or financial problems.

By utilizing estate-planning techniques, you can protect yourself and your family from unnecessary hassles, while safeguarding your assets. With the help of an estate-planning attorney, there are a variety of tools that can be customized to your goals, and implemented to ensure that you get to enjoy your assets and investments without that pesky law suit target that comes when you own them in your own name.

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Asset Protection… Are you protected?

Posted by on Sep 10, 2015 in asset protection, Business Plan, corporate formation, Digital Estate Planning, estate planning, Limited Liability Company, Real Estate, tax, Trusts, Wills |

Are you protected?

Are you protected?

Don’t leave your assets vulnerable to attack. Much like a goalie, asset protection planning will help to shield your assets from attack.

Asset protection is a broad term, encompassing many different techniques, but here at our South Florida law firm, we focus our asset protection on two areas: estate planning and business formation. In the area of estate planning, the main approach is to use trusts to dispose of your assets rather than a will. A trust protects your assets by first avoiding probate and all of the costs (both monetary and time) associated with that process. Secondly, trusts protect your assets by keeping them in your family. With a will, the asset is no longer yours to control following the first disposition, a trust allows you to control the asset for multiple generations. This makes sure that the inheritance will never be taken by divorce or remarriage. For example, if you want to give all of your estate to your daughter and then to her children, a trust allows you to do this without giving any to her spouse. Furthermore, a trust protects your beneficiaries from themselves, if they are either too young or not fiscally responsible. Because they are the beneficiary and not necessarily the trustee, you can name a trustee who will make the financial decisions for them. Finally, trusts offer asset protection by being creditor protected. Assets that are in a trust can not be reached by creditors, assuring that the inheritance remains with the beneficiary.

Choosing the proper business form also works as asset protection. If you own a business as a sole proprietor or even in a general partnership, you can be personally liable for all of the debts of the business. Limited partnerships, LLCs, and corporations can protect your asset from business debts. A limited partnership consists of two classes of partners: a general partner, who manages and is more active, and a limited partner, who is more like an investor. The limited partner’s liability is limited to whatever they have put into the company, whereas the general partner remains liable for all the debt. An LLC offers limited liability as well, while allowing for more active participation. The manager of a multi-member LLC makes the decisions and runs the company, but is still afforded protection. If someone sues an LLC, they can only recover the company’s assets. Subsequently, if a person sues the manager of an LLC for a personal matter, the assets of the LLC are protected from this personal creditor. Finally, a corporation offers protection to all of its shareholders while also offering increased flexibility with the management structure. A corporation allows for different classes of stock with different voting abilities. Corporations also allow you to raise capital by issuing stock.

Regardless of what business form you end up choosing, you must also engage in business succession planning. Because all of these business forms are separate legal entities, they will survive after you are gone. Therefore, you must plan for what happens to your companies or you risk them dying. If you have multiple members or partners in your company, you can arrange a plan beforehand in which they buy your shares at a predetermined price. The company could then purchase life insurance in that amount to make sure that the company does not have cash flow issues and does not have to sell off company assets to buy your stake.

Whether you are looking at asset protection from an estate planning or business formation standpoint, our attorneys can help be your goalie and protect the assets you’ve worked so hard to acquire.

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation, or visit our website at www.wfplaw.com

It’s a Wild world. Are you protected?

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What is Probate?

Posted by on Jul 22, 2015 in asset protection, corporate formation, estate planning, Family Law, Legal News, Probate, Real Estate, tax, Trusts, Wills |

Florida-Probate

The death rate in Florida is 100%, which means NO ONE can completely avoid the probate process. The term probate generally refers to the method by which your estate (the totality of the assets in your personal name at death) is administered and processed through the legal system after you die.  The probate process helps you divide and assign parts of your estate in an orderly and supervised manner. Your estate must be divided according to the specifics of your Will, if you die with a Will, or according to statute if you die intestate or without a Will. (Your debts and taxes must be paid before your beneficiaries receive their inheritance, for example).

If you have creditors at death, those debts must be satisfied before dividing the remainder of your assets, additionally there may be taxes due and those must be paid before distribution as well.  This means that the process of finding your creditors and paying those debts can take months and the distribution of the remainder to your heirs may become complicated.  There are legal methods that allow a person to make the process of distributing assets after death more efficient and less costly, which is an advantage to your family and loved ones and a wise investment.  Planning for the future will save your family members additional grief and possibly avoid conflict among family members and other beneficiaries.

Having a Will is a solid first step in the right direction to ease the probate process, but that is not all you need.  Placing your property in Trust to protect it from creditors, drafting a Power of Attorney, a Living Will and a Designation of Healthcare Surrogate are other methods to ensure that nothing is left to chance, that your family will be protected and that somebody you trust will make legal decisions for you when you are no longer able to make them yourself.

An attorney that specializes in estate planning can help explain the legal tools that are available to each individual depending on their financial situation and their specific needs.  Common methods that are utilized to avoid probate are Revocable Trusts which allow your property to be protected from creditors and susceptible to probate.  By scheduling a consultation an attorney can better explain the additional benefits of creating a revocable trust and how this can save you time and money in the long run.

It is important to note that you do not have to have a large estate to take advantage of the benefits of having your assets in a trust or any other legal estate planning tools.  This is a common misconception, but having an estate plan is something that everyone should give serious consideration to.  Additionally, it is also important to mention that although having an estate plan may not seem like a priority to most people, you need to be prepared for any eventuality.

Nobody likes to think about death or incapacity, but these are facts of life and it can happen to any of us at any given time.  If you have a family and if you have small children you should plan for their care in case you can no longer care for them and this is something that an estate planning attorney can help you with.

It’s a Wild world. Are you protected? SM

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

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Protection Is the Name of the Game

Posted by on Jul 2, 2014 in asset protection, corporate formation, estate planning, Trusts, Wills |

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Yesterday, after one hundred and twenty one minutes of play, the US Men’s National Team was eliminated from the 2014 World Cup by Belgium. Despite the loss, US goalie Tim Howard had a historic performance, recording a World Cup record 16 saves. Because of Howard’s outstanding plays protecting the goal, the USA was in the game until the final whistle was blown. Protection is the name of the game, whether it’s soccer or your assets and our attorneys can make sure all your goals are met.

Asset protection is a broad term, encompassing many different techniques, but here at our South Florida law firm, we focus our asset protection on two areas: estate planning and business formation. In the area of estate planning, the main approach is to use trusts to dispose of your assets rather than a will. A trust protects your assets by first avoiding probate and all of the costs (both monetary and time) associated with that process. Secondly, trusts protect your assets by keeping them in your family. With a will, the asset is no longer yours to control following the first disposition, a trust allows you to control the asset for multiple generations. This makes sure that the inheritance will never be taken by divorce or remarriage. For example, if you want to give all of your estate to your daughter and then to her children, a trust allows you to do this without giving any to her spouse. Furthermore, a trust protects your beneficiaries from themselves, if they are either too young or not fiscally responsible. Because they are the beneficiary and not necessarily the trustee, you can name a trustee who will make the financial decisions for them. Finally, trusts offer asset protection by being creditor protected. Assets that are in a trust can not be reached by creditors, assuring that the inheritance remains with the beneficiary.

Choosing the proper business form also works as asset protection. If you own a business as a sole proprietor or even in a general partnership, you can be personally liable for all of the debts of the business. Limited partnerships, LLCs, and corporations can protect your asset from business debts. A limited partnership consists of two classes of partners: a general partner, who manages and is more active, and a limited partner, who is more like an investor. The limited partner’s liability is limited to whatever they have put into the company, whereas the general partner remains liable for all the debt. An LLC offers limited liability as well, while allowing for more active participation. The manager of a multi-member LLC makes the decisions and runs the company, but is still afforded protection. If someone sues an LLC, they can only recover the company’s assets. Subsequently, if a person sues the manager of an LLC for a personal matter, the assets of the LLC are protected from this personal creditor. Finally, a corporation offers protection to all of its shareholders while also offering increased flexibility with the management structure. A corporation allows for different classes of stock with different voting abilities. Corporations also allow you to raise capital by issuing stock.

Regardless of what business form you end up choosing, you must also engage in business succession planning. Because all of these business forms are separate legal entities, they will survive after you are gone. Therefore, you must plan for what happens to your companies or you risk them dying. If you have multiple members or partners in your company, you can arrange a plan beforehand in which they buy your shares at a predetermined price. The company could then purchase life insurance in that amount to make sure that the company does not have cash flow issues and does not have to sell off company assets to buy your stake.

Whether you are looking at asset protection from an estate planning or business formation standpoint, our attorneys can help be your goalie and protect the assets you’ve worked so hard to acquire.

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected? (SM)

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The Bachelor: A Lesson in Happily-Ever-After from the Not-So-Prince-Charming

Posted by on Mar 11, 2014 in asset protection, corporate formation |

imagesONCE upon a time (cue happily ever after music), there was a Bachelor named Juan Pablo, who wanted to protect his love – the most beautiful of all of the reality show contestants in the land.  So he got on one knee, and told her that he “liked her a lot,” and proposed to “go get a burger.” ..if you just heard the record scratch to a halt, it’s because this is not your story-book-happy-ending.  Instead, Juan Problematic’s proposal went something like this:

“I have a ring here in my pocket, and I’m not going to use it. I’m not 100 percent sure that I want to propose to you, but at the same time, I’m 100 percent sure I don’t want to let you go. I like you a lot.” WINK-WINK. “A lot.”

While millions sat on their couches in disbelief of the major glitch in the Bachelor fairytale, Mr. Not-so-Prince-Charming should get credit for one thing: he gets to keep the lady, without the risk associated with a proposal.

Whether in the storybooks, or good ol’ reality, the happy ending remains the same: you want to enjoy the benefits of life, without the risk of loss. The same is true with protecting your assets. The following LLC plan is among the many strategies that can  allow you to enjoy the benefits of your assets, without putting your name on it (or a ring on it).

LLC Based Juan Pablo Asset Protection Plan:

Much like Juan Pablo’s situation, an LLC  allows you to use and control an asset, without titling it in your name. Rather, it will be owned by the LLC or LLP. Therefore, by separating your assets into LLC’s, you are safeguarding them from being pulled into a lawsuit brought against you, as they are owned by the LLC.

An LLC is a “Limited Liability Company.” It provides the desirable liability features of a corporation, without all of the extra hassle (paperwork, etc). Lets say you have a boat. So you give it a clever name (e.g. Juan’s Problemo), and put it in an LLC. A judgment against you is not valid against the LLC and the asset it holds (the boat). Furthermore, lets say you have an investment property (a high risk lawsuit property), and a tenant injures themselves on the property, and commences a lawsuit. If organized correctly, they can only sue the LLC alone. Your home and other assets (bank account, etc.) may not be touched, because you do not own the property, thus you are not personally liable. It’s like being a stockholder in a corporation.

Due to the fact that there are several requirements to properly forming an LLC, you will want to seek an attorney (that has a thorough understanding of such asset protection) to assist you in ensuring that the LLC is valid; otherwise, your safeguarding efforts will be futile. Also, keep in mind, the timing of the asset transfer cannot be done to actively avoid a present creditor, as it may be considered a “fraudulent conveyance.” Therefore, it is important to partake in these asset protection strategies prior to any legal or financial problems.

By utilizing estate-planning techniques, you can protect yourself and your family from unnecessary hassles, while safeguarding your assets. With the help of an estate-planning attorney, there are a variety of tools that can be customized to your goals, and implemented to ensure that you get the assets, without risking your name – Juan Pablo style.

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected?SM

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ESTATE PLANNING ACCORDING TO NIKE—“JUST DO IT”

Posted by on Feb 7, 2013 in asset protection, corporate formation, estate planning, Family Law, Legal News, Probate, Real Estate, tax, Trusts, Wills |

The Nike “Just Do It” campaign allowed the company to increase their share of the sneaker business from 18% to 43% between the years 1988 and 1998. There must be something to it…

People tend to not like dealing with estate planning because they believe that it is an acknowledgment of their mortality, so they put it off. But lack of action is not smart. Estate planning is a process involving the counsel of professional advisors who are familiar with your goals and concerns, your assets and how they are owned, and your family structure. It can involve the services of a variety of professionals, including your lawyer, accountant, financial planner, life insurance advisor, banker and broker. Estate planning covers the transfer of property at death as well as a variety of other personal matters and may or may not involve tax planning. The core documents most often associated with this process are your will and your trust.

At Wild, Felice & Partners, P.A. we take great pride in our ability to successfully cater to the needs of all Floridians. Whether you are a highly successful and high net worth individual or you are still working hard on creating your nest egg, we can help you accomplish your goals. We assist our clients in determining how best to structure their holdings, as well as assisting in the disposing of such assets during and after their lifetime. Our attorneys focus primarily on minimizing a variety of estate related taxes, while simultaneously protecting assets from third party creditors.

Our South Florida firm routinely utilizes a variety of estate planning tools, including Trusts, Wills, Powers of Attorney, Health Care Surrogates, Funding Techniques, and more. In addition, we may advise for the formation and funding of a family limited partnership which provides, among other things, asset protection, a positive method of control and a long term plan for the accumulation of wealth that will remain outside of one’s taxable estate. By utilizing the estate planning techniques that we have perfected, we may be able to protect your family from unnecessary hassles and save them tens of thousands of dollars.

Take a cue from Nike: “JUST DO IT.”

For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild, Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation. It’s a Wild world. Are you protected?SM

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