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The Truth About Business Insurance: Coverage Gaps Can Cost You Everything Running a business involves taking calculated risks, but there's one risk you should never take: having inadequate insurance coverage. While most business owners understand the importance of basic liability insurance, many are unaware of critical coverage gaps that could leave them exposed to devastating financial losses. In this article, I'll explore common insurance blind spots that might be putting your business at risk and show you how to protect your company's future. The Hidden Vulnerabilities in Standard Coverage Your standard business insurance policy might give you a false sense of security. Many business owners assume their general liability policy covers everything, but this common misconception can result in disastrous consequences. Standard policies often have significant limitations and exclusions that could leave you vulnerable when you need protection most. For instance, many business owners learn that their property insurance excludes specific natural disasters common in their area or that their liability coverage doesn't extend to certain types of legal claims. These gaps aren't just theoretical - they represent real risks that could potentially bankrupt your business. Worse yet, many businesses discover coverage gaps only after they’ve been sued. One example is professional liability coverage. Professional liability insurance policies often don’t cover intellectual property disputes, leaving businesses exposed if they face copyright or trademark claims. Without specific intellectual property coverage, a single lawsuit could result in devastating legal fees and settlement costs. Modern Risks Require Modern Protection Technology changes rapidly, so today's business landscape presents risks that didn't exist even a decade ago. Digital transformation has introduced new vulnerabilities that traditional insurance policies simply weren't designed to address. Remote work, cloud computing, and increasing reliance on technology have created exposure points that require specific coverage considerations. Cyber liability insurance has become essential, yet many businesses either lack it entirely or have insufficient coverage. A data breach can cost small businesses thousands or even hundreds of thousands of dollars, yet standard business policies typically provide little to no coverage for cyber incidents. Similarly, the rise of social media has created new reputation management risks that many policies don't address adequately. Reputation damage can directly impact a business's bottom line through lost customers, reduced sales, and damaged business relationships. Protecting your brand reputation isn't just about public image - it's about safeguarding your company's financial health. Environmental liability represents another modern concern that standard policies often exclude. Even businesses that don't consider themselves environmentally risky might face claims related to pollution, contamination, or environmental damage. For example, common issues like leaking storage tanks, mold, or chemical spills are typically excluded from general liability policies due to standard pollution exclusions. Without specific environmental liability coverage, businesses must pay cleanup, and remediation costs out of pocket. Essential Coverage Often Overlooked Beyond the gaps in standard policies mentioned above, several critical types of coverage are frequently overlooked by business owners altogether. They are: Employment practices liability insurance (EPLI). In an era of increasing employment-related lawsuits, many businesses remain unprotected against claims of discrimination, harassment, or wrongful termination. Business interruption insurance. The COVID-19 pandemic highlighted this gap dramatically, as countless businesses discovered their policies didn't cover interruptions caused by infectious diseases. While some lessons were learned, many businesses still lack adequate coverage for other types of interruptions, from natural disasters to supply chain disruptions. Key person insurance. Small and medium-sized businesses frequently depend heavily on one or two key individuals, yet many lack insurance to protect against the loss of these essential team members. The death or disability of a key person could devastate a business, but proper coverage can provide the financial cushion needed to weather such a crisis and transition successfully. Protecting Your Business's Future Understanding these coverage gaps is only the first step - taking action to close them is crucial. We start by conducting a comprehensive risk assessment of your business foundations. Together, we’ll also review your insurance coverage now, and on an ongoing basis to ensure your policies provide adequate protection as your business changes over the years. Most importantly, we’ll review the foundational systems that go hand in hand with insurance, including your legal, tax, and financial structures. Insurance alone is not enough to protect your business effectively. You need all four systems - legal, insurance, financial and tax (“LIFT”) to work in harmony.  To take the next step, book a LIFT Business Breakthrough Session so we can identify any gaps in your protection and develop a comprehensive plan to ensure your business is properly shielded from potential threats. With our support, you can focus on growing your business with confidence, knowing you're properly protected. Book a call here to learn more and get started today.

Trusts are widely used in estate planning to protect and transfer a person’s assets (money, accounts, property, etc.), sometimes in a tax-advantaged manner. Some trusts are highly complex, with multiple parties, intricate structures, specialized legal terms, and references to arcane tax law that can be difficult for the average person to understand. Scammers have long taken advantage of this complexity to dupe taxpayers into too-good-to- be-true trust solutions. The Internal Revenue Service (IRS) recently drew attention to a trust tax avoidance scheme involving what are known as § 643(b) trusts. It also warns about another type of trust scam that relies on the so-called pure trust or constitutional trust to make false claims about avoiding taxes and protecting assets. While legitimate trusts can be powerful tools for estate planning, asset protection, and tax efficiency, fraudulent trusts misuse these principles to deceive individuals. The IRS pays close attention to potential trust tax evasion schemes, and taxpayers who fall victim to a trust scam could potentially face civil and even criminal penalties, making it crucial to create a trust only with a qualified, reputable estate planning attorney. Trust Scams on the Rise According to the IRS, in the past few years there has been a “proliferation of abusive trust tax evasion schemes” targeting wealthy individuals, small-business owners, and professionals such as doctors and lawyers. These schemes falsely promise benefits such as ● the reduction or elimination of taxes, ● reduction or elimination of income subject to tax, ● depreciation deductions, and ● a step-up in basis for trust assets. These trust scams commonly use a layered structure to give the appearance that a taxpayer does not control the trust when in fact they do. Transparency of control over trust assets is important in determining, among other things, which party is responsible for paying any corresponding tax liability. The IRS also notes that abusive trust schemes frequently entail multiple trusts that distribute assets to one another. Trust funds may flow from one trust to another using rental agreements, fees for services, purchase and sales agreements, and distributions, with the goal of using inflated or nonexistent deductions to “reduce taxable income to nominal amounts,” says the IRS. Trust scam promoters typically charge $5,000 to $70,000 for a package that comes with trust documents, trustees, and tax return services, adding to the appearance of legitimacy. However, the IRS cautions that these phony trust arrangements will not produce the promised tax benefits. Types of Trust Scams The Pure Trust Scam One type of trust scheme highlighted by the IRS involves the transfer of a business to a trust it calls a pure trust or constitutional trust. The pure trust scam makes it look as though the taxpayer has given up control of their business even though they still run its day-to-day activities and control the income stream. Promoters of such scams often claim that placing assets in a pure trust can exempt them from taxes. They use misleading language and pseudo legal jargon to make it seem like these trusts have special legal status and may claim that they are based on common law or constitutional principles exempting them from state or federal jurisdiction. However, the IRS clarifies that there is no legal basis for these claims. Actor Wesley Snipes is a notable example of someone misled by a variation of the pure trust scam. Snipes relied on an argument that courts have repeatedly rejected—the “861 argument,” which misinterprets § 861 of the Internal Revenue Code (I.R.C.) to falsely claim that domestic income is not taxable. The IRS alleged that Snipes did not file tax returns for several years and committed fraud. He was convicted of tax evasion charges and served time in federal prison, in addition to owing back taxes, penalties, and interest. 643(b) Trust Scams Versions of the pure trust scam date back decades. Despite increased awareness of these scams and the IRS pursuing them in their various iterations, they continue to resurface, often rebranded under different names such as complex trusts and patriot trusts or targeting new demographics. The IRS details one such rebranding of the pure trust scam in a 2023 memorandum challenging trusts that similarly—and just as falsely—claim to avoid income and capital gains taxes. Promoters assert that these trust arrangements receive special tax benefits under I.R.C. § 643(b), hence the name 643(b) trusts. The IRS refers to them in the memorandum as a nongrantor, irrevocable, complex, discretionary, spendthrift trust—a complicated name for a complicated scam that, like the pure trust scam, relies on a misinterpretation of the tax code that takes it out of context. Although 643(b) trust scams take various forms, they are essentially a new twist on the old idea that, through manipulation of the trust structure, the taxpayer can use a backdoor method to maintain some control over the trust and avoid taxes. The basic (but false) premise of the 643(b) scam is that income allocated to the corpus (principal) of the trust is not subject to taxation. Promoters create a trust structure, often referred to with terms like Nongrantor, irrevocable, and complex. The taxpayer transfers assets such as a business, real estate, or other income-producing assets into the trust in exchange for a promissory note. The trust then leases the assets back to the taxpayer, an arrangement that makes it seem like the income generated by the assets is not actually being distributed to the taxpayer and is thus nontaxable. The IRS explicitly rejects the validity of this arrangement in its memorandum, emphasizing that simply allocating income to the trust’s corpus does not exclude it from taxation. How to Spot a Trust Scam The IRS has made it clear that it will challenge § 643(b) trusts in all forms, so taxpayers should look out for this and other trust schemes to avoid getting caught in the government’s compliance crosshairs. As noted in the IRS memo, illegitimate trusts that misinterpret § 643 often have the guise of legitimacy and may even have legitimate-appearing promoters such as lawyers, accountants, and enrolled agents. Promotional materials may consist of a series of presentations, informational websites, documents, and legal opinions. In the case of a nongrantor, irrevocable, complex, discretionary, spendthrift trust, the trust may be described as “§ 643 compliant” or “in compliance with the I.R.C.” More generally, taxpayers should be on the lookout for these common trust scam red flags: ● Exaggerated claims. Taxes are as unavoidable as death for a reason. No legal trust strategy can entirely eliminate tax obligations. Claims about deferring taxes instead of avoiding them may sound more reasonable but could be part of the scam. ● “Secret” loopholes. While tax law is complex, it is not a secret. Legitimate strategies are based on established legal principles. Scammers also like to tell potential victims that wealthy individuals use certain trust types to avoid paying taxes. ● Terms that give an air of legitimacy. Trust schemes may reference and misuse terms such as common law or sovereign to promote trusts as beyond the legal jurisdiction of the federal government. Taxpayers in the 643(b) scam are told that they will serve as “Compliance Overseer.” ● Pressure tactics. In a classic scammer technique, trust scheme promoters may push individuals to “act quickly” to secure the “exclusive opportunity” and create a sense of urgency that pressures them into making a rash decision without fully understanding the consequences. ● Complicated and confusing structures. Trust, tax, and estate planning law are inherently complicated, but complexity can also serve to hide a scam. Multiple trusts with confusing names and structures can be a way to obfuscate the scheme’s true nature. ● Lack of transparency. Promoters may be reluctant to provide clear explanations or documentation about how the trust works, relying on anecdotal evidence or testimonials rather than facts and legal analysis. ● Similarity to known scams. Many trust scams are the taxation equivalent of “old wine in new bottles.” Learning how to spot a scheme and cross-checking a trust strategy against known scams, including those in the IRS Dirty Dozen and other public warnings, can reduce vulnerability. Above all, avoid promotions that sound too good to be true, verify the promoter’s credentials, and always seek a second opinion from an independent estate planning attorney before creating any trust. If you are considering setting up a trust, consult with a qualified estate planning attorney .

While the term fiduciary is a legal term with a rich history, it generally means someone who is legally obligated to act in another person’s best interest. Trustees, executors, and agents are examples of fiduciaries. When you select people to fill these roles in your estate plan, you are picking one or more people to make decisions in the best interests of you and your beneficiaries and in accordance with the instructions you leave. You should also choose multiple backups for each of these roles in case your first choice is unable or unwilling to act when the time comes. Understanding the basics of what each role entails and what to consider when making your choices can help ensure that your estate plan is effective. Trustee A revocable living trust is often the center of a well-designed estate plan because it is the best strategy for achieving most people’s goals. You (as the trustmaker) will usually serve as the initial trustee and continue to manage the trust’s accounts and property in the same manner that you did before the trust was created. You will appoint a successor (backup) trustee in the trust agreement to be responsible for ensuring that your wealth is managed in accordance with your wishes after your death or during your incapacity (when you can no longer manage your affairs). It is best to have a trusted person or financial institution carry out this vitally important role. Your successor trustee will control only the accounts and property owned by the trust. If you own accounts and property in your sole name—that is, not as the trustee of your trust—your successor trustee will not be able to manage those items upon your death or incapacity. You will have to rely on your financial power of attorney to give someone the authority to manage those accounts and property while you are incapacitated. When you pass away, accounts and property in your sole name without a beneficiary designation may have to go through the probate process. Probate requires your executor to step in and manage those items and ultimately distribute them to the people who have priority under state law (who may not be the people you would have chosen). This is why it is of the utmost importance to appoint the right person to be your successor trustee and to fund your living trust fully. Powers of Attorney Powers of attorney are the documents in your estate plan that appoint individuals to make decisions on your behalf if you are alive but unable to do so yourself. There are a few different types of powers of attorney, each with their own specific areas of responsibility. We can help you decide which types of powers of attorney you will need based on your current situation and future goals. Here are two common types to include in your estate plan: ● Financial Powers of Attorney Financial powers of attorney grant the fiduciary you select the ability to take financial actions on your behalf, such as purchasing life insurance or withdrawing money from your bank accounts to cover your expenses. A fiduciary who acts under the authority given in a financial power of attorney is generally called an agent . Your agent is only able to manage the accounts and property that are not owned by your trust. If an account or property is owned by the trust, it is the responsibility of the trustee to manage that item, as discussed above. You can name an individual as your agent or, in some circumstances, you can name an institution, like a trust company. While in most states your agent is permitted to charge a fee for acting as your agent under a financial power of attorney, keep in mind that trust companies generally charge higher fees and will likely not waive fees like your loved ones might. ● Healthcare Powers of Attorney and Related Documents A healthcare power of attorney allows you to name a trusted person to make or communicate your medical decisions on your behalf when you cannot do so yourself. These decisions may range from deciding what surgeon to use to whether to remove you from life support. Other documents can be used in conjunction with the healthcare power of attorney to cover specific actions that can be taken regarding your medical needs, such as making decisions about the types of care you wish to receive or who can access your medical information. Executor Your executor (called a personal representative in some states) is the person who will see your accounts and property through probate, if necessary, and carry out your wishes based on your last will and testament if you have one. Depending on your preferences, your executor may be the same person or institution as your successor trustee. Some individuals choose to name a professional as their executor. The professional is usually someone who does not stand to gain anything from the will and can be a good choice if you own a great deal of different property and accounts to be divided among many beneficiaries. In other words, the more complex your estate and distribution scheme, the more it may make sense to have a professional in charge. A professional may also make sense if you do not have someone you personally know who can serve as the executor. Family or friends may serve, but it is important to consider the amount of work involved before placing this burden on someone who has little time or experience administering the estate of someone after they pass away. Being an executor can be hard work and may have court-dictated deadlines; it is crucial to pick someone you know will be up to the job. They will probably need to hire an accountant to help sort out your taxes and a lawyer to assist in the process. If there is a dispute, then attorneys, appraisers, mediators, or other professionals will undoubtedly need to be involved. Choosing a spouse or another loved one to serve as your executor may be convenient because they may already be familiar with what you own and have an easier time ensuring that your wishes are carried out. However, because of the time involved and the nature of some accounts and property, they may not be up to the task at the time. Get in Touch with Us Today Let us help you make the process of picking your trustee, agents under powers of attorney, and executor as smooth and headache-free as possible. Once you have these choices in place, you will be able to rest easy knowing that your estate plan is in good hands no matter what life brings. Schedule a call today.

Americans are, quite literally, getting buried in debt, with nearly half expecting to pass away with outstanding debts. [1] As a general rule, a person’s debts do not go away when they die. Some types of debt, such as federal student loans, are typically forgiven upon the debtor’s death, but private loans and cosigned accounts may still be owed after the debtor has passed away. State laws also play a factor in the post death debt settlement process. While nearly half of Americans think they will pass on their debts when they die, you can take proactive steps now to protect your loved ones from inheriting or becoming responsible for your debts. If you are an estate’s executor/personal representative or have been contacted by a debt collector about a deceased family member’s debt, you should understand your rights and obligations. One Nation, Under Debt Debt is as old as civilization itself. Lending at interest can be traced back to ancient Mesopotamia and the use of promissory notes to facilitate trade. The United States has carried debt since its inception, borrowing money from domestic investors and the French government to fund the Revolutionary War. [2] Total consumer debt eclipsed $17 trillion in 2023, up from $15 trillion in 2021, according to credit reporting agency Experian. [3] The largest and most common debts include ● mortgages ($11.5 trillion in 2023), ● auto loans ($1.51 trillion), ● student loans ($1.47 trillion), ● credit cards ($1.07 trillion), and ● personal loans ($571 billion). [4] The total average individual debt balance in 2023 was $104,215, up from $101,915 in 2022 and $96,371 in 2021. [5] According to Debt.org, 73 percent of Americans die owing money. [6] The average amount of debt they die with is nearly $62,000. [7] What Happens to Your Debt when You Die You are probably familiar with the expression “buried in debt.” It might hit close to home if you are like most Americans struggling to pay off existing loan balances. However, do you know what happens to your debt when you die? The answer depends on factors that include the type of debt and the state where you live. In most cases and most states, your loved ones are not stuck with your unpaid bills because creditors are paid only from the assets (e.g., a home, car, bank accounts, investment accounts) that are (i) part of your probate estate and go through a probate court or (ii) in your revocable living trust. If you do not leave behind enough assets in your probate estate and living trust to fully cover the debts owed, creditors may have to settle for what is available. There are some exceptions to the idea that surviving family members and other heirs are not on the hook for the debt, including ● a person who cosigns on a loan; ● the spouse of a deceased person who lives in a state with community property laws (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin); and ● the spouse of a deceased person who lives in a state that requires a surviving spouse to pay certain healthcare expenses and other kinds of debt. The rules governing when a surviving spouse is responsible for paying unpaid medical bills are complex and vary by state. It is important to work with an experienced estate or trust administration attorney to ensure that your affairs are wound up correctly. Surviving spouses and adult children are frequently contacted by debt collectors attempting to collect on bills for the medical care of their deceased loved one, according to the Consumer Financial Protection Bureau. However, unless the survivor also agrees to the medical debt or is responsible under state law, they are generally not liable for the debt. Not All Debts Go Away at Death Debts not inherited by a specific individual under the exceptions described above do not just disappear, except for debts that are dischargeable by death. For example, federal student loans, including Direct Subsidized Loans, Direct Unsubsidized Loans, Direct Consolidation Loans, Federal Family Education Loans, and Federal Perkins Loans, are usually discharged when the borrower dies, as long as the loan servicer receives proof of death. [8] Private student loans are a different story. Some lenders of private (i.e., nonfederal) student loans offer a death discharge, although it is not the norm. They may come after the loan’s cosigner (if there is one) or the estate for repayment of the outstanding balance on the loan. Secured versus Unsecured Debt Determining how and when to pay a debt after the debtor has passed away and who or what may owe the debt can depend on whether the debt is secured or unsecured. ● Secured debt is backed by collateral (a tangible asset the lender can repossess or sell if the borrower does not pay back the debt). Common examples of secured debt are mortgages (secured by the real property) and car loans (secured by the vehicle). Secured debts are typically paid off before unsecured debts when a probate estate is settled during the probate process. If estate assets are insufficient to cover the secured debt, the lender can seize the collateral to recoup their losses. In rare cases and under select jurisdictions, legal protections may be available for surviving spouses who wish to remain in a primary residence subject to a creditor’s claim. These protections may delay or prevent foreclosure if the spouse cannot pay off the mortgage in full. ● Unsecured debt is not backed by collateral (that is, there is no specific asset backing the debt). Unsecured debt includes credit card debt and personal loans. Unsecured creditors have lower priority than secured creditors in probate. If the probate estate has enough funds, unsecured debts are paid off before any inheritance is distributed. However, if the estate lacks sufficient funds to satisfy all its debts, unsecured creditors are typically last in line for repayment and may not receive the full amount they are owed. Funeral expenses also take priority over some creditor claims. Any state and federal taxes that the decedent owes, as well as probate estate administration expenses incurred during probate (e.g., legal and accounting fees), may also supersede creditors. Knowing which debts have priority over others in probate is the responsibility of the estate’s executor/personal representative. If the individual assigned this role in an estate plan does not follow state probate laws, they could be personally responsible for debts that should have been paid but were not because the executor did not pay creditors in the correct order. How to Plan for Debt and Leave More Money for Your Loved Ones “You can’t take it with you” applies to what you owe every bit as much as what you own. Your outstanding debt could create potential complications for loved ones. Your family may not personally get stuck with your unpaid bills; however, if you do not pay off your debts before you pass away, they may be forced to deal with debt collectors harassing or contacting them. Worse still, there may not be any money or property left to distribute to your loved ones in probate court or through the trust after everything has been liquidated to pay creditors. Here are some protections that your loved ones are afforded: ● State and federal law limits whom debt collectors are authorized to contact—and how they can contact them—to discuss outstanding debts. Spouses and other survivors should not automatically assume that they have to pay and should delay any conversation regarding payments of outstanding debts until they have discussed the specific circumstances with a lawyer. Collectors who go too far or provide misleading information can face potential consequences. ● When a beneficiary inherits a home, they also take possession of the home subject to any outstanding mortgage and are ultimately responsible for that debt. Anyone inheriting a home or other significant asset, such as a vehicle, with an outstanding loan balance must know their obligations to the lender. They may have to sell the house to pay off the mortgage or apply to transfer the mortgage to their name. In addition, individuals have the right to refuse a gift from an estate if they do not want or cannot afford it. In some cases, federal law will allow a decedent’s heirs to assume the mortgage on a property without triggering a due-on-sale clause, ensuring that the loan remains in place after the owner’s death. ● Every state has different laws and procedures surrounding debt repayment. Things can quickly get complicated, so it is best to work with a local estate or trust administration lawyer if there are any concerns about how unresolved debts could affect the surviving family. Estate planning is about the legacy that you leave behind. If that legacy includes debt, an estate planning attorney can offer advice for getting it under control during your lifetime or help your family deal with the consequences of your debts after death. Call us if you need assistance planning for your debt or winding up a loved one’s affairs. [1] Myles Ma, SPFC, 46% of Americans expect to pass on debt to their loved ones when they die, Policygenius (Jan. 9, 2024), https://www.policygenius.com/life-insurance/2024-financial-planning-survey-passing-on-debt-after-death. [2] FiscalData, https://fiscaldata.treasury.gov/americas-finance-guide/national-debt. [3] Chris Horymski, Experian Study: Average U.S. Consumer Debt and Statistics, Experian (Feb. 14, 2024), https://www.experian.com/blogs/ask-experian/research/consumer-debt-study/#s3. [4] Id. [5] Id. [6] Bill Fay, What Happens When People Die with Debt: Who Pays? (May 16, 2023), https://www.debt.org/family/people-are-dying-in-debt. [7] Id. [8] FederalStudentAid, https://studentaid.gov/manage-loans/forgiveness-cancellation/death.

When starting a business, one of the most critical decisions you'll face is choosing your business structure. While many entrepreneurs automatically gravitate toward forming an LLC (Limited Liability Company), this one-size-fits-all approach might not be optimal for your specific situation. Your choice of entity will affect everything from your tax obligations and personal liability to your ability to raise capital and plan for succession. Making the wrong choice could expose you to unnecessary risks or burden you with excessive taxes and administrative requirements.  Understanding Tax Implications Across Different Structures Each business structure comes with distinct tax treatment that can significantly impact your bottom line. As a sole proprietor, for instance, all business income passes through to your personal tax return, where you'll pay both income tax and self-employment taxes on your earnings. While this arrangement offers simplicity, it could come with an increased audit risk . An LLC offers more flexibility in tax treatment than just defaulting to sole proprietorship/pass-through treatment. A single-member LLC can be taxed as a sole proprietorship, while multi-member LLCs can be taxed as partnerships. However, an often-overlooked option is electing to have your LLC taxed as an S Corporation, which can provide significant tax savings once your business reaches around $60,000 in annual revenue. With S Corporation tax treatment, you only pay payroll taxes on your actual salary, not on your profit distributions, potentially saving around 15% in payroll taxes on those distributions. One crucial consideration with S Corporation tax treatment is the requirement for "reasonable compensation." The IRS requires S Corporation owners to pay themselves a reasonable salary for their services before taking profit distributions. What constitutes reasonable compensation can be subjective, however, and getting it wrong could result in serious consequences, including reclassification of all distributions as wages subject to employment taxes, plus potential penalties of up to 100%. Beyond Basic Liability Protection While liability protection is often the primary reason entrepreneurs choose to form an LLC or corporation, each structure offers different levels and types of protection. Professional corporations (PCs), for instance, can offer specialized protection for licensed professionals like doctors, lawyers, and accountants. Series LLCs allow real estate investors or entrepreneurs with multiple business lines to create separate "series" within one legal entity, each with its own liability shield. C Corporations, despite their reputation for complex administration and double taxation, can offer unique advantages for businesses generating significant profits because a C Corporation structure allows for sophisticated planning opportunities (the nature of which is outside the scope of this article but book a call with me to learn more). The current corporate tax rate of 21% can also be advantageous for businesses reinvesting profits back into growth. However, C Corporations do face the challenge of double taxation, where profits are taxed first at the corporate level and then again when distributed to shareholders as dividends. This is why many smaller businesses opt for pass-through entities like S Corporations or LLCs, where profits are only taxed once at the individual level. Making Your Decision with Growth in Mind When choosing your business structure, consider not just where your business is today, but where you want it to be in five or ten years. Will you want to bring in outside investors? Are you building a business to sell or creating a legacy to pass down? Do you plan to expand internationally? These future plans should heavily influence your choice of entity today. For example, if you're planning to seek venture capital funding, a C Corporation might be more appropriate despite its higher administrative complexity. Venture capitalists typically prefer C Corporations due to their flexible stock structure and familiar operating requirements. Or if you're a solo professional service provider expecting steady growth, an S Corporation election could offer better long-term tax advantages than a simple LLC. Remember too, that certain structures have specific requirements that might affect your future flexibility. S Corporations must meet several criteria, including: ● Having no more than 100 shareholders ● All shareholders must be U.S. citizens or permanent residents ● Can maintain only one class of stock ● Must be a U.S. corporation ● All shareholders must consent in writing to the S Corporation election ● Shareholders must be individuals, estates, or certain qualified trusts Additionally, consider the administrative burden each structure requires. While sole proprietorships and partnerships offer simplicity in formation and operation, corporations and S Corporations require more rigorous record-keeping, regular meetings, and documentation. Factor in these ongoing requirements when making your choice, as they represent both time and monetary costs to your business. Finally, to maximize the benefits of the right business structure for your business, make your decision with your eyes wide open - educated about and aware of all available options. The stakes are too high to go at it alone; you need a knowledgeable, trusted advisor on your side. Book a call here to learn more and get started today.

Surveys conducted in 2024 by Caring.com and Ameriprise Financial revealed a troubling trend: Americans are falling behind on estate planning. The Caring.com survey revealed that only 32% of Americans have a will - a 6% decline from 2023. The Ameriprise survey found that 52% of couples lack estate plans. These statistics highlight a dangerous disconnect between understanding the importance of estate planning and taking action. Let's examine these misconceptions and their potentially devastating consequences. Myth 1: "I don't have enough assets to need an estate plan." This dangerously narrow thinking ignores that estate planning isn't just about financial wealth. It's about doing the right thing for the people you love so you don’t leave a mess, and about ensuring your wishes for your own care are considered if you cannot make decisions for yourself due to accident or illness. Its about avoiding court and conflict, regardless of the amount of assets you have. If you haven’t created a Life & Legacy plan (the type of comprehensive planning I offer), your loved ones could face lengthy court proceedings, unnecessary taxes, and difficulty accessing financial accounts, which could have devastating consequences if bills need to be paid. It’s also about: ● Ensuring what you DO have goes to the people you want in the way you want (and stays out of the court process); ● Your children being raised by people you choose; ● Your wishes for your medical care are honored if you become incapacitated, or if your mind deteriorates; ● Only people you trust are able to manage your finances if you can’t manage your finances yourself, and ● Leaving your loved ones with your most valuable assets - your values, insights, stories, experiences and your love. Moreover, a Life & Legacy plan can minimize conflict among your loved ones. By clearly outlining your intentions, and ideally getting my support to share your intentions with your loved ones, you significantly reduce the chances of misunderstandings or disputes, while also increasing the chances that your resources will be used to create a better future for the people you love. Finally, an estate plan that works will save your loved ones time and money by ensuring the people who matter know what you have, where it is, how to find it, what to do with it when they do find it, and keeps them out of court and conflict. In short, an estate plan is not a luxury reserved for the wealthy; it’s a necessity for anyone who has things that matter, and people who matter. If that’s you, and you don’t have an estate plan (or your plan could be outdated) let’s talk soon. Myth 2: "My spouse and I trust each other completely." Ameriprise's survey reveals 95% of couples trust each other with finances and 91% share financial values. When couples don’t plan because they trust each other to carry out each other’s wishes, they’re overlooking several essential matters. For instance, trust between spouses doesn't prevent legal complications or avoid court. Without a Life & Legacy plan, a surviving spouse may face lengthy probate proceedings, increased tax burdens, and difficulty accessing accounts. This strain can damage relationships and deplete assets meant for heirs. Even worse, if both spouses die simultaneously, the complications can be significant, especially if the spouses have children from prior marriages, or minor children. Another potential issue arises if the surviving spouse remarries. Without an estate plan, assets could unintentionally be passed to the new spouse instead of the people the deceased spouse loved. In some cases, children may even be accidentally disinherited, leaving them without the financial support their parent had planned to provide. Myth 3: "Estate planning is too expensive." Another common misconception is that estate planning is a luxury reserved for the wealthy because of its perceived high cost. The reality? Avoiding estate planning due to cost concerns can lead to far more significant time and money costs for the people you love down the road. Without a plan, your loved ones may face costly probate proceedings, unnecessary taxes, and legal disputes that can drain your estate and create additional stress for your loved ones during an already difficult time. These costs often far exceed the upfront investment of creating an estate plan. Beyond the financial aspect, the peace of mind that comes with knowing your loved ones are protected is invaluable. A Life & Legacy plan ensures that your wishes are carried out, your loved ones are cared for, and potential conflicts are minimized. By addressing these matters proactively, you save the people you love from emotional and financial burdens, making Life & Legacy planning one of the wisest and most compassionate investments you can make, as well as the best gift you can give to the people you love. Myth 4: "I don’t need to worry about who would raise my kids." Many parents of minor children assume that in the event of their death, loved ones will naturally step forward to care for their children. Unfortunately, these assumptions are often misplaced. Without a Kids Protection Toolkit which we support you to create, the decision about who raises your children will be left to a judge - a complete stranger to you and your children. And when a stranger makes the decision about who will raise your kids, it might not be the person you would have wanted. In some cases, the individual granted guardianship could have values, parenting styles, or circumstances entirely incompatible with how you envisioned your children being raised. Even if you have named legal guardians for your children in a prior created will, it’s likely not taken into consideration the 6 common mistakes I see consistently when people (and even their well-meaning lawyers) name legal guardians. If you have a minor child, and have named legal guardians, but want me to review your plan to see if you’ve made any of the 6 common mistakes, call my office. Another important consideration is the financial burden imposed on your children’s chosen guardian. If you haven’t created a Life & Legacy plan, and allocated sufficient funds for your children’s care, even willing loved ones might decline guardianship, leaving the court to make an even more difficult choice. A Life & Legacy plan alleviates the potential financial burden on your chosen guardians and ensures that your children receive the care and stability they need during an emotionally challenging time. Take Action Now to Protect the People You Love I've seen too many people suffer negative, yet unnecessary, consequences after a loved one dies. And if you haven't experienced it yourself, chances are you probably will. But with the proper education, beginning with correcting these dangerous myths about estate planning, I believe we can break the cycle of strife. I start with education so you are clear on what would happen to your loved ones and your assets if you become incapacitated and when you die. Then we will work together to create a plan that aligns with your values, your goals, your loved ones, and most importantly, that works when you need it to. We call it the Life & Legacy Planning® process, and once you've created your Life & Legacy plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected. Book a call with us today to get started!

Every year on February 1st, we observe National Unclaimed Property Day - a reminder of the staggering $60 billion in forgotten and abandoned assets currently held by state governments across America. And this isn't just spare change we're talking about. These are life insurance policies, forgotten bank accounts, uncashed checks, retirement funds, and other valuable assets that have lost their connection to their rightful owners. In our firm, I regularly see the consequences of overlooked assets and inadequate estate planning. Let's explore how assets are lost and become "unclaimed," how to prevent your assets from ending up in this $60 billion pool, and, most importantly, how to ensure your hard-earned assets reach your loved ones the way you want. How Assets Become "Lost" You might wonder how billions of dollars in assets could go missing. The truth is, it happens more easily than you'd think. Think about this: you become incapacitated or die, and someone in your family (either someone you named legally or someone chosen by a judge) has the job of finding all of your assets. Would they be able to find everything? How easy would it be for you to find everything, and you know what you earned, the accounts you set up, when you worked for that one company that set up a retirement account for you, got that insurance policy, etc. What we see commonly when someone passes away without an updated estate plan (including a comprehensive asset inventory), is that their loved ones often have no idea what assets exist or where to find them. Those assets could eventually end up in state custody instead of going to the people you love. That money could be used to fund your children’s education, an investment in a loved one’s business, or to enhance the lives of the people you love most. “Traditional” or “old school” estate planning often contributes to the problem. With an estate plan drafted by a financial advisor or lawyer who sells a will or trust rather than a comprehensive plan (or from a DIY tool like cheap legal or AI), you typically receive a set of documents to review and sign. You might take these documents home, put them on a shelf or in a drawer, and never look at them again. There's usually no inventory of your assets, which means that some of your assets could be lost or overlooked and end up part of that $60 billion in unclaimed property. Why an Asset Inventory and Regular Review is Crucial As a Personal Family Lawyer® firm leader, I know that effective estate planning isn't a one-time event - it's a lifelong process that includes an inventory of what you have, as well as regular updates to your inventory, as well as the legal documents that go along with it. My process begins with a Life & Legacy Planning® Session, where you’ll create an inventory of your assets, ensuring nothing gets overlooked or forgotten. This inventory includes not just the obvious assets like your home and bank accounts but also: ● Life insurance policies ● Retirement accounts from all previous employers ● Investment accounts ● Business interests ● Valuable personal property ● Intellectual property rights ● Digital assets and cryptocurrency Digital assets present a particular challenge in today's world. Cryptocurrency, online banking accounts, social media profiles, and digital business assets can be especially difficult for loved ones to track down and access without proper planning. Many people don't realize that without proper documentation and access instructions, their digital assets could become effectively lost forever, even if their family and friends know they exist. When you work with me, I’ll also help you keep your inventory updated throughout your life. I do this by conducting regular reviews of your Life & Legacy Plan to ensure your asset inventory stays current and properly aligned with your goals, wishes, and values. This comprehensive approach helps prevent your assets from becoming lost so they can go to the people you want in the way you want. Beyond the Financial Impact While creating an asset inventory is crucial, my Life & Legacy Planning process goes several steps further. It's not enough to simply list what you own - you need to ensure these assets are properly titled, beneficiary designations are up to date, and your loved ones know how to access everything when the time comes. I support you with it all. I will also be there for your loved ones when you no longer can. In addition, there’s another crucial part of planning that’s often omitted from traditional or DIY planning. It’s the realization that the value of many assets isn't financial. Family photographs stored in the cloud, emails containing important family history, and digital collections of music or art can have tremendous sentimental value. Yet without proper planning, these too can become effectively "unclaimed property" - inaccessible to the very people meant to inherit them. When these invaluable family legacies are lost, they become another kind of unclaimed property, though their value can't be measured in dollars. Remember, proper estate planning isn't just about having the right documents - it’s about taking all the steps needed to make things as easy as possible for your loved ones. It's the greatest act of love you can give to the people you cherish most. Your Next Step As your Personal Family Lawyer® Firm, I can help you create a comprehensive Life & Legacy Plan that includes a complete asset inventory, regular reviews, and updates to ensure nothing gets lost or forgotten. I’ll also support you to create a Life & Legacy Interview so your most valuable assets - your values, traditions and love - get passed on to the people you love most. Let's work together to protect your legacy. Click here to schedule a complimentary 15-minute consultation and learn more about how I can help!

As a business owner, you've likely heard that forming a Limited Liability Company (“LLC”) is one of the best ways to protect your personal assets from business liabilities. While this can be true, the reality is more nuanced – especially if you’re the sole owner (generally called a “member” in an LLC). This is called a single-member LLC (“SMLLC”). Many entrepreneurs form SMLLCs believing they've created an impenetrable wall between their personal and business assets, only to discover too late that this shield has significant vulnerabilities. Let's explore why your SMLLC might not provide the protection you think it does and what you can do about it. Know the Boundaries Between You and Your Business The idea behind an LLC is that it creates a legal wall between your personal finances and your business. If someone sues your business or a creditor comes after it, your personal assets—like your home or savings—should, in theory, stay safe. But that wall, often called the “corporate veil,” can fail if you don’t maintain your LLC properly. The most common issue that could blur the lines, and pierce your shield of protection, issue is mixing personal and business funds. Do you ever pay for business expenses with your personal debit card? That small mistake can make a big difference in court. If you are sued, and a judge is looking at whether your LLC can be used to satisfy a judgement, the court will be looking for signs that you respect the LLC as a separate entity. If a judge finds you haven’t respected the LLC’s separate status, the court will "pierce the veil.” When this happens, both your business and personal assets could be at risk if someone wins a judgment against you. Another issue is undercapitalization. If you set up your LLC but don’t give it enough money to cover its debts or obligations, a judge could decide the LLC isn’t a real business—it’s just a shell. To avoid this, make sure your business has enough funding to operate independently. You should also be aware that if you provide personal guarantees for business obligations, you are also putting your assets at risk. These guarantees effectively bypass the LLC structure entirely, creating direct personal liability for business debts. Many entrepreneurs don't realize they're compromising their asset protection when they sign these common business agreements. Avoid These Common Mistakes The way you operate your SMLLC can strengthen or weaken its protective shield. Unfortunately, many business owners unknowingly engage in practices that compromise their liability protection, not only by failing to respect the boundaries between their personal and business assets, but also by not understanding their legal obligations. Proper maintenance of your LLC is incredibly important, and business owners often don’t maintain their LLC properly. This includes keeping accurate records, filing required documents on time, and following all applicable federal, state, and local laws. Think of it like maintaining a car – skip the regular maintenance, and you risk a breakdown when you need it most. Similarly, neglecting your LLC's administrative requirements can leave you exposed when legal challenges arise. Furthermore, many states have specific requirements for SMLLCs that differ from multi-member LLCs. These requirements can affect everything from how you file taxes to how creditors can pursue your assets. Understanding and complying with these state-specific regulations is essential for maintaining liability protection. What You Can Do Instead The good news is you can take steps to close some of these gaps and make your LLC more effective. The first step is keeping your personal and business finances completely separate. Open a dedicated business bank account and never mix funds, even for small purchases. Next, make sure you’re following all the rules for maintaining an LLC in your state. This includes filing annual reports, paying fees on time, and keeping detailed records. Think of your LLC as its own person—it needs regular care and attention to stay healthy. This step requires proper professional guidance because mistakes can derail your business and compromise your personal assets. I am here to help; read on for information on how to book a call with me to learn more. You should also consider liability insurance. While an LLC provides some legal protection, insurance adds an extra layer of security. If someone sues your business, your insurance can cover legal costs and damages, keeping your personal finances untouched. Moreover, think about the bigger picture. If you’re in a high-risk industry or have significant personal assets to protect, an SMLLC might not be enough. Schedule a call with me to explore strategies to protect your assets while supporting your business’s growth. Finally, know that creating a single-member LLC is a smart start, but it’s not a one-size-fits-all solution. By understanding the risks and taking steps to address them, you can protect your personal assets more effectively. Don’t let a false sense of security leave you exposed. Take the time to get your LLC in order and explore additional ways to shield your hard-earned assets. Your future self will thank you. How to Take Action Now I understand the complexities of business structure and asset protection. That's why I offer a comprehensive LIFT Business Breakthrough Session™, where together, we'll analyze your current business structure and identify potential vulnerabilities in your asset protection strategy. Together, we'll develop a plan to strengthen your business's legal foundation and ensure you have the protection you need.  Book a call here to learn more and get started today!

The Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted to provide guidelines to the healthcare industry for protecting patient information and preserving privacy. This is usually a nonissue for minors because parents, as legal guardians, generally have access to their children’s medical information, make most of their medical decisions, and pay the expenses. However, once an individual turns 18, they are no longer a minor but a legal adult. Hospitals and doctors’ offices must safeguard the young adult’s information from everyone, including their parents or legal guardians, to comply with HIPAA law. While it makes sense that a legal adult would be in charge of their own medical information, this can pose some problems for young adults. Many 18-year-olds are still in high school, live at home, and have their expenses paid for by their parents. Although they are considered legal adults, their day-to-day lives look more like those of a child. Young adults should consider executing the required documentation to ensure their parents or other trusted individuals can access their medical records and discuss their medical care with their healthcare providers. This is accomplished through a HIPAA authorization form . With this form, the young adult can designate any individual(s) as an authorized recipient of their medical information. Executing this document can be incredibly helpful if there is a question about the young adult’s care, especially while the parent is paying the corresponding medical bill. It is important to note that although someone may be listed as an authorized recipient of the medical information, this form does not give the named individual the authority to make medical decisions on the young adult’s behalf. A properly executed HIPAA authorization form can also be beneficial if the young adult ends up in the hospital. Because hospitals do not want to be fined for violating HIPAA, most will err on the side of caution and refrain from disclosing any information to family members without properly executed documentation. Without access to their child’s medical information and the ability to talk with medical personnel, parents can feel out of the loop, and doctors may miss important family medical information. Because the young adult is now in charge of their information, they get to choose whom they name as an authorized recipient. While it may make sense for them to include their parents, the young adult is not required to name them. As a companion to the HIPAA authorization form, it is also important for the young adult to consider having a medical power of attorney prepared so that someone will have the authority to make medical decisions on the young adult’s behalf if they are unable to make their own medical decisions or communicate their medical wishes. Without this tool, the family may need to go to court to have someone appointed to make crucial medical decisions. The appointee will be based on the state’s law, not the young adult’s wishes. Depending on family dynamics, this court appointment could create conflict between family members. Also, this process takes time, costs money, and could potentially divulge the young adult’s medical information to anyone who is in the courtroom or wants to look up the court records. If you or someone you know has recently turned 18 or needs a HIPAA authorization form, please give us a call . We are here to protect you and your family through all the major milestones in life.