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ESTATE PLANNING

Planning in advance can help your family avoid complications and delays in their ability to receive protection and the benefits they are entitled to upon your death. An estate plan gives you complete control over the distributions of your estate—property, investments, money, and other assets. More than just a will, a complete estate plan also plans for potential incapacity and other possible problems.

Professional and proper estate planning ensures that your beneficiaries will receive the property you designate to them. By planning ahead with an estate plan, you have the opportunity to avoid expenses that can deplete the value of the estate you pass on to your designated family members and heirs.

Everyone has unique circumstances, so everyone’s estate plan is different. Thankfully there are several ways to accomplish your estate planning goals no matter your situation; insurance, a variety of trusts, wills, and different forms of property ownership, are just a few of the many tools available.

Estate planning can seem daunting and scary if prepared without the help of an experienced estate planning attorney. A professional and experienced estate planning firm like Rice Law Group can help you complete some of the major estate planning tasks:

  • Create a will.
  • Create and update beneficiaries on investment plans such as life insurance, 401(k)s and IRAs.
  • Make funeral arrangements.
  • Reduce the taxable estate by establishing an annual gifting plan and other strategies.
  • Set up power of attorney (POA) to manage and direct assets and investments.
  • Create and set up trust accounts in the name/s of beneficiaries to limit estate taxes.
  • Establish and name a guardian for living dependents.
  • Work with and name an estate executor to oversee the terms of the will.

ESTATE PLANNING FOR BUSINESS OWNERS

Proper estate planning for businesses owners can prevent business assets from being taxed upon the business owner’s death, but more importantly can control how and when the assets are distributed. The type of business a person has i.e. sole proprietorship, S-Corporation, or other business structure can impact how the business is treated, taxed, and administered after that person’s death.

Examples

Sole proprietorship assets are considered the assets of the individual owner. When the owner passes, the IRS combines the owner’s business and personal assets together for federal estate tax purposes. Many small business owners have businesses that own several non-liquid assets (real property, heavy machinery, automobiles, equipment), which can make things more complicated. The value of the assets will be combined with the owner’s other personal assets as the owners home, other properties and assets, for federal estate tax purposes, which can result in estate taxes being taxed on the entire estate.

It is common for small businesses and family-owned businesses to be organized as S-Corporations. This structure is beneficial because it provides families with corporate creditor protections; however, it is not subject to double-taxation. Businesses must meet the eligibility requirements to be an S-corporation. A qualified estate planning attorney or accountant can help determine if a business meets the requirements for an S-corporation election.

Qualified and experienced estate planning attorneys and financial advisors have experience, tools and the knowhow to maximize business owner’s assets throughout the business estate planning process and control how and when small business assets are distributed.

ESTATE PLANNING FOR EXECUTIVES

Corporate executives face estate planning objectives and issues that are similar to other clients Rice Law Group services; however, they can often face unique estate, tax and investment planning opportunities and challenges. They also require more in-depth considerations like asset protection planning, greater fiduciary challenges, liquidity needs, and non-diversification.

An executive’s estate has a unique nature of assets. Because the Fiduciary is granted special powers and duties regarding the estate, the Fiduciary will need adequate flexibility and planning to deal with potential problems.

The experienced professionals at Rice Law Group frequently advise on:

  • Legal aspects of structures for diversifying holdings
  • Beneficiary designations
  • Payout timing for retirement
  • Deferred compensation plans
  • Ownership and beneficiary designations for life insurance
  • Tax considerations when exercising and transferring stock options
  • Executive compensation planning

ESTATE PLANNING FOR RETIREMENT

Retirement planning and estate planning go hand-in-hand

Retirement planning can be seen as a first step in estate planning. Choices made in retirement planning can affect clients and their survivors and beneficiaries for years. An experienced retirement planning attorney can help you navigate the options and consider the benefits and consequences of your choices and make decisions that fit with your estate planning goals. Our attorneys can assist you to ensure that your retirement plans are consistent with the remainder of your estate planning objectives.

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