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Business, Estate Planning, Asset Protection

Practice Areas

Business Law and Business Planning (1) Estate Planning Asset Protection Practice

Our law practice is focused on business law, business planning, estate planning, and asset protection for both personal and business assets. These areas cover a broad range of planning and legal services that help alleviate some of the issues that keep individuals and business owners up at night.

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Estates and Business Blog

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As a general rule, most small business sales are conducted via an asset purchase agreement which transfers the assets of the company and leaves the liabilities with the seller unless specifically assumed by the buyer. There are occasions, however, when a business transaction can more effectively be completed using a stock purchase agreement. There are two Internal Revenue Code (IRC) sections that will permit the sale of a business under a stock purchase agreement to be treated or deemed an asset sale.

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Successful business owners often place themselves in a position where their business comprises the bulk of their personal net worth. If they lose the business, they would lose almost everything. They inadvertently expose their company’s entire net worth to every risk. Here are three ways that business owners can protect their business and personal assets.

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A will puts you in charge of directing others on your wishes and distribution of assets upon your death. Without a will or other estate plan – referred to as intestacy – you have no control and your state’s rules determine who gets what after your death. Even if you have a trust, jointly owned property, or have named beneficiaries on your insurance, a will is important, even as just a “backup” plan.

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Comprehensive estate planning is more than your legacy after death, avoiding probate, and saving on taxes. Good estate planning includes a plan in place to manage your affairs if you become incapacitated during your life and can no longer make decisions for yourself. Without a comprehensive incapacity plan in place, your family will have to go to court to get a judge to appoint a guardian or conservator to take control of your assets and health care decisions.

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Money is often the most talked about wealth contained within a person’s estate, however the riches of their experience and wisdom can mean even more to family members. Reinforcement of family traditions can be built into your estate plan alongside your wishes regarding your money, property, and belongings. 

There are several ways that you can tell your story though your estate plan and pass your values to the next generation.

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People often set up bank accounts and real estate so that they own it jointly with a spouse or other family member. The appeal of joint tenancy is that when one owner dies, the other automatically inherits the property by right of survivorship, without the property having to go through probate. Joint ownership of property is perceived to be easy because bank accounts can be opened as joint accounts and when buying real estate, title can simply be taken as joint tenants.

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