Category: Estate Planning
Business Law Information: New Ruling Allowing an LLC to adopt an ESOP
January 27, 2016 | Barna, Guzy & Steffen, Ltd.The IRS released a recent Private Letter Ruling (PLR 201538021) that surprisingly allows a Limited Liability Company (“LLC”) to adopt an ESOP. This is a new development that should be considered with caution since a PLR only applies to the taxpayer that asked for the ruling and there are some pre-requirements that may continue to create a tax problem if implemented. Here’s the story: Background The rules under the Internal Revenue Code have so far limited the use of ESOPs to C- or S-Corporations. One of the requirements for an ESOP is that it invests predominantly in qualifying employer securities. LLCs were not permitted to have ESOPs because the membership units were not considered qualifying employer securities. As a result, an LLC had to be converted to a corporation in order to utilize an ESOP. Although the process may not be all that complicated, it sometimes created adverse tax consequences for a converting owner. New developments In a the recent Private Letter Ruling mentioned above, the IRS ruled that the membership units of an LLC will be considered as qualified employer securities under the Internal Revenue Code. This means that an LLC could establish an ESOP and have it hold LLC units. The ruling is conditioned on the LLC and its units having…
Read MoreWhat is a Revocable Living Trust?
October 21, 2013 | William F. HuefnerA revocable living trust is one way to approach estate planning. People use revocable living trusts to bypass the probate process. Think of a trust as a sort of legally created box. Once you create the box you can start filling it with your assets. This is known as “funding the trust.” The assets could be anything: bank accounts, real estate, cars, boats or anything else that you own. To fund it property is retitled into the appropriate trust. As long as you’re still alive you’ll maintain total control over these assets. For example, if you place your house in the trust you would continue to live in the home, repair it or update it as you saw fit, and pay any and all bills associated with it. When you die, control of these assets will be in the hands of the successor trustee who can then transfer your assts to the beneficiaries. Revocable living trusts will not end up in probate at all. They’re also harder to dispute than wills are, which makes them very attractive to people who are in difficult or complicated family situations. However, revocable living trusts can’t handle every aspect of your estate planning process. You will still need a will. A will is the only document that…
Read MoreThe Disadvantages of DIY Estate Planning
September 23, 2013 | William F. HuefnerThese days it seems like there are thousands of DIY legal forms on the Internet. To believe some websites you don’t really need a law degree to practice law—you just need the right “template!” But attorneys need special training and licensing for a reason. The law can be a tricky thing, especially when it comes to estate planning. If you do something incorrectly while writing your will then you could end up costing your heirs a great deal of time and money trying to fix your mistakes. Legal language is written in a very precise way. It’s meant to eliminate ambiguity and to address specific issues that you might not think of. Something that seems very clear to you may not make any sense at all to your heirs or the court. Your DIY will could also leave your last wishes vulnerable to a challenge from your relatives. Ultimately, your will could be discounted as invalid, and it would be as if you’d never written one at all. Attorneys also know how to ask you the right questions. This ensures that you address everything that you need to address. It ensures that you don’t miss anything important. There are parts of your estate that you probably don’t think much about on a day…
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