Once we assess the type of assets you own through our Family Wealth Worksheet questionnaire, we will better understand your specific risk factors and the level of protection you desire.
We assist our clients in determining the appropriate level of asset protection planning for their particular circumstances.
If you have a business, it is necessary to review how it is set up. Our Small Business Legal Audit is a key first step.
Customized combinations are layered depending on your needs. There are many different strategies to accomplish the protection of your assets while you are alive and after you are gone.
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Surprisingly, this is especially true when it comes to affluent parents. And, we hope to change it because one of the most important things you can do is talk to your kids (and your parents) about money.
According to the Spectrem Millionaire Corner, a market research group, only 17% of affluent parents said they would disclose their income or net worth to their kids by the time they turned 18. A nearly equal amount, 18% said they would never disclose these numbers to their kids. 32% of the rich parents surveyed by Spectrem said “it’s none of their business” when asked why they would not talk to their kids about money.
But, that’s just faulty thinking, wouldn’t you agree?! We hope so! But, if not, read on …
The amount of money generated by your family, and what will happen to it when you or your parents become incapacitated or die is definitely your business. In fact, we believe it may be the most important business you have. And whether your parents talk with you about it now, or you figure it all out after they die, your parent’s money has a huge impact on you.
This is especially true given the litigious nature of our society. As a result, many entrepreneurs employ asset protection strategies. Asset protection is a form of strategic planning aimed at minimizing risk and protecting assets from creditors’ claims and litigation.
Careful asset protection can help you retain and sustain the value of the property and accounts you own. As an entrepreneur, here are a few strategies you can use to protect your assets:
1. Separate your personal assets from your business assets by establishing a limited liability business entity. The default structure for an individual starting a business is the sole proprietorship; the default structure for multiple people starting a business together is a partnership. These entities, though simple to create, do not legally protect the business owners’ personal assets. However, business structures like the limited partnership, limited liability company, and the corporation provide limited liability. This means that the owners of the business are not personally liable for the company’s debts or other liabilities—for example, if a judgment is obtained in a lawsuit against the business. A properly established and maintained limited liability business structure restricts liability to assets belonging only to the business. Creating a separate legal entity is one of the first steps every entrepreneur should take to protect personal assets. Subsequent practices like opening a separate business account, complying with legal requirements such as paying state filing fees, and not commingling personal funds with business funds further establish the legal separation between personal assets and business assets.
And, maybe you can. But, if you do, you need to know the potential pitfalls. Online estate planning could be a big trap for the unwary and actually leave your family worse off than if you had done nothing at all.
First and foremost, before you do any of your own online estate planning, it’s critical to understand your family dynamics, the nature of your assets, and what the state would say should happen to your assets if something happens to you. You see, whether or not you do estate planning, the state does have a plan for your assets if you become incapacitated or when you die. You need to know what that plan is, so you know whether or not you want to change it.
A good start on getting educated is this one hour training with my mentor, financial and legal expert Ali Katz, which clarifies what you can and should do yourself, for free, online. The easy-to-watch training gives you access to a free online tool that you can use to create the one thing that would be most important for your family: a “treasure map” listing everything you own, where it is, and how your loved ones can access it. This tool is free to use, and creating your own personal resource map will be a true gift for the people you love.
As state leaders attempt to develop guidelines for reopening safely, you may have questions about the requirements for maintaining a safe environment for your business. Specifically, you may be wondering how to document the steps you have taken if someone in your workforce is exposed to COVID-19 and tests positive for the virus.
The Occupational Safety and Health Administration (OSHA) is responsible for establishing and enforcing safe working environments for employees through the use of training, outreach, education, and assistance. On May 19, 2020, OSHA released a revised memorandum on recordkeeping in the midst of the coronavirus pandemic.
OSHA generally requires business owners with more than ten employees to keep records of and report all serious work-related illnesses. OSHA recognizes COVID-19 as a recordable illness. As a result, even smaller businesses may need to report certain work-related COVID-19 illnesses if a work-related COVID-19 illness causes an injury requiring in-patient hospitalization, amputation, loss of sight, or a fatality. This means that businesses should create and maintain records at the worksite for at least five years in compliance with OSHA standards.
Savvy business owners recognize the value of contracts but often explore ways to reduce the cost of obtaining them. In some instances, business owners attempt to create their own contracts by using templates available online.
However, creating your own contract is fraught with risks. What you do not know can, in fact, hurt you. The following are examples of the potential risks you face when you choose the do-it-yourself (DIY) route.
1. The Contract May Leave Out Key Provisions. Creating your own contract in an attempt to save money can run the risk of unintentionally leaving out key legal terms and clauses that protect your interests as a business owner. Contracts created with online templates are often overly broad or vague, resulting in agreements that, when analyzed, fail to provide the specific protections that make the contract valuable. Attorneys have the experience and resources to craft contracts that include the most important provisions to protect your business.