Although married same-gender couples are now enjoying nearly all of the same rights as opposite-gender couples, there is still one key right that’s still up in the air—the automatic right to be legal parents. While parental rights are automatically bestowed upon the biological parent, the non-biological spouse/parent still faces a number of challenges when it comes to obtaining full parental rights. Luckily, same-gender couples do have an alternative to adoption—estate planning.
Although same-gender marriage is legally recognized in all 50 states, long-held prejudice at both political and family levels continues to create complications for married and unmarried same-gender couples. With this, especially if you're a member LGBTQ+ community, estate planning is even more critical for you and your beloved to ensure that they will be protected and provided for in the event of your death or incapacity.
With the booming aging population, more and more seniors will require long-term healthcare services, whether at home, in an assisted living facility, or in a nursing home. However, such long-term care can be expensive, especially when needed for extended periods, and that's why long-term care insurance was created to address this gap in healthcare coverage. We'll answer some of the most FAQs about these policies to help you determine whether you could include this as part of your estate plan.
Many entrepreneurs structure their business as an LLC because, like corporations, LLCs offer personal liability protection for their owners. But unlike corporations, LLCs are not legally required to adhere to many of the same corporate formalities required of corporations. Although the administrative requirements for an LLC are far less strict than for a corporation, you’ll still need to abide by some operational formalities if you want to maintain your personal liability protection.
You may be wondering why you need to hire a lawyer to help you run your company. This is true today when you can access just about every conceivable legal document online for cheap from the countless online do-it-yourself document services. But without the guidance and support of trusted legal counsel, you're likely not aware of all the ways your business is leaking money, putting yourself and your family at risk, and possibly limiting the positive impact you have on the lives of your clients.
Too many start-ups fail to make the transition from idea to execution or encounter major setbacks along the way. In the midst of developing your growing start-up, don’t make the common mistake of disregarding tedious, but vital tasks such as making sure all your legal, insurance, financial, and tax ducks are in a row. Establishing a solid legal system can help you avoid costly mistakes and save time and stress down the road.
If you have children from a previous marriage, and you become incapacitated or die, leaving everything to your new spouse or partner, there is almost certain to be some conflict (whether spoken or not) between your children and new spouse. You can avoid all of this (and even use the estate planning process to build stronger bonds with those you love) by having clear planning in place that has been discussed with your children and your new spouse or partner.
Often owners and managers of small businesses often know each other before they go into business together. Sometimes, they're even related. Preexisting relationships can help propel small businesses forward, especially when there are high levels of trust and competence. However, familiarity is sometimes accompanied by a lax attitude toward operational formalities. So, it's best to have a skilled business lawyer who can help you structure your operational strategies properly.
When you hear the words "trust fund," do you conjure images of stately mansions and party yachts? A trust fund - or trust - is a great estate planning tool for many people with a wide range of incomes who want to accomplish a specific purpose with their money. There are many reasons to create a trust, and being rich isn't necessarily one of them. You just need to consult an estate planning attorney to help you identify the best unique strategies for you and your family.
As we wrote last week, Democrats in the House of Representatives released a new $3.5 trillion proposed spending plan that includes a wide array of changes to federal tax laws that may affect your business and estate plan. While the proposed legislation is still under consideration and far from being finalized, and with the time it takes to plan and execute some of the financial and estate planning actions, we suggest you start strategizing now with your Family Business Lawyer.