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Are You Familiar With Fraudulent Transfer Laws?
A primary goal of your estate plan is to transfer wealth to your family according to your wishes and at the lowest possible tax cost. However, if you have creditors, be aware of fraudulent transfer laws. In a nutshell, if your creditors challenge your gifts, trusts or other strategies as fraudulent transfers, they can quickly ...

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Seasonal Business? Optimize Your Operating Cycle
Every business has some degree of ups and downs during the year. But cash flow fluctuations are much more intense for seasonal businesses. So, if your company defines itself as such, it’s important to optimize your operating cycle to anticipate and minimize shortfalls. A High-Growth Example To illustrate: Consider a manufacturer and distributor of lawn-and-garden ...

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Be Careful Leaving Specific Assets to Specific Heirs
Planning your estate around specific assets is risky and, in most cases, should be avoided. If you leave specific assets — such as a home, a car or stock — to specific people, you could end up inadvertently disinheriting someone. Unintended Consequences Here’s an example that illustrates the problem: Kim has three children — Sarah, ...

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Louisiana is the only state in the United States which has the concept of forced heirship. What Is Forced Heirship? Forced heirship is an ancient civilian concept derived from Roman law. The law of forced heirship provides that certain family members cannot be disinherited.  The law, as originally enacted, provided that any child of a ...

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Liability Protection is Uncertain for Single Member Limited Liability Companies in Louisiana
Bad Facts Make Bad Law Shaun Olmstead and Julie Connell were residents of Florida when the trouble started.  Shaun and Julie operated a credit card business and were charged by the FTC with perpetrating an advance-fee credit card scam. The FTC eventually obtained a $10 million judgment against Shaun and Julie, individually, and then sought ...

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If you want control over the distribution of your estate, you need a valid will and a designated executor. Otherwise, your heirs could be in for a difficult, expensive and potentially contentious ride. This article provides a review of the tasks necessary in administering an estate ­-- tasks that need to be done during a ...

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Take care to avoid these eight (8) major estate planning mistakes. 1.  Relying on the Government’s “Estate Plan” One of the biggest mistakes people make in estate planning is to not have an estate plan in place at all. This puts families in the position of being subject to government rules and regulations about all ...

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Many couples, in their golden years, find themselves wondering: What if one or both of them is admitted into a nursing home and needs Medicaid? After saving throughout their lives, they are fearful that if one of them enters a nursing home, they will have to dissipate their life savings to pay for the cost ...

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Many people have wills drafted to include bank accounts, stocks and other probate assets. But they overlook planning for personal possessions. Bitter disputes can erupt over items that have more sentimental value than monetary worth, including furniture, photographs, jewelry and artwork. This article provides answers to commonly asked questions about how estate assets are distributed, ...

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DAMNED IF YOU DO; DAMNED IF YOU DON’T (More Trouble with IRAs in Community Property States)
Isaac and Dorothy Boggs were happily married with three sons and resided in Louisiana.  When Dorothy became ill and suddenly died in 1979, the family was grief stricken.  Isaac, who was a career businessman, mustered up the strength to move on and eventually married Sandra Boggs.  Isaac retired from his long and fruitful career in ...

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When considering who should serve as the executor of your estate, you may automatically think of a certain relative or close friend. But think carefully. Make sure that you pick the most competent person possible. Being an executor can be a tough, time consuming job. In some families, the decision of who to pick as ...

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In light of the recent raids conducted by Immigrations and Customs Enforcement (ICE) officers, worry and anxiety has been spreading like wildfire throughout the entire immigrant community. While we do not know the extent to which the ICE raids have increased since Donald Trump started serving as president, we do know one thing for sure ...

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What is Probate? A probate is simply the process of transferring property from the estate of a deceased person to the heirs or legatees of the decedent.  A probate is necessary if a person dies testate (with a will) or intestate (without a will), or fails to completely fund a Revocable Trust (a/k/a Living Trust). ...

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THIRD CIRCUIT ISSUES WARNING ABOUT COMPUTER-GENERATED WILLS AND TESTAMENTS
No one wants to pay more than necessary for essential estate planning documents, such as a last will and testament or power of attorney.  These documents can be attained easily at retail office supply outlets or online through legal storefronts like legalzoom.com for as little as $69.00.   While a bargain basement price is enticing, estate ...

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Tax planning is like football.  Planners (offense) look to exploit weaknesses in the Tax Code, while the IRS (defense) constantly seeks to plug any holes.  This is why the Internal Revenue Code is so complicated – because it resembles a leaky dike fortified with duct tape to plug the holes. Tax planning tends to elevate ...

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