December, 2018 Archives

Archives for 2018

Your Corporate Shield: Guidelines for Small Businesses

Forming a corporate entity (either a limited liability company or corporation) is the first step for any small business owner to minimize personal liability for the financial risks of the company. Absent a corporate shield, entrepreneurs face liability for the debts and liabilities of their small business. Corporation vs. Partnership Originally, there were only two types of businesses: corporations and partnerships. Corporations were separate legal entities that could own property, sue and be … [Read more...]

Should a Family Limited Partnership Be Part of Your Estate Plan?

Family limited partnerships (FLPs), legal devices used to move wealth from one generation to the next while minimizing tax exposure, are a critical part of any estate plan. FLPs pool a family’s money to execute a business venture. The FLP has two types of partners: general and limited. The general partners manage the assets of the FLP while the limited partners possess equity interest but are unable to engage in the day-to-day management of the assets. However, in exchange for reduced … [Read more...]

What to Expect at Closing

Closing costs include fees paid to third parties that facilitate the sale of the property and can include inspections, attorneys’ fees, and brokerage fees. Closing costs are typically paid once the sale is closed but some are paid before (i.e. home inspection fees). Closing costs range from two to seven percent of the purchase price. The method used to calculate closing costs dramatically changes the closing costs imposed because buyers and sellers respectively do not share in the costs … [Read more...]

A Revocable Living Gun Trust May Be Right On Target

Firearms, including automatic weapons and gun collections, that are to be passed down to beneficiaries require special consideration and creating a revocable living gun trust may help avoid unintended consequences in the future. A gun trust is a way to legally provide for the disposition of guns to intended beneficiaries while complying with the National Firearms Act (NFA) and any applicable state laws. What Is a Revocable Gun Trust? When a revocable gun trust is established, the owner of the … [Read more...]

Finding the Best Business Attorney in Illinois

Finding the right business attorney depends on reaching out to a personal network, leveraging online tools, and applying discerning inquiries to weed out unqualified candidates. A business attorney can work as a force multiplier for small, medium, and big enterprises by empowering the company to expand into new business opportunities, increase hiring, and sign an extended lease. However, selecting the wrong attorney can be a drag on a company’s growth just as it is poised to expand … [Read more...]

You’ve Been Named Executor: Now What?

When an individual is named as the executor of a deceased person's estate, he or she is responsible for winding down the decedent's affairs. This includes protecting the assets of the estate, notifying creditors and beneficiaries, settling debts and paying the taxes owed by the estate, and distributing property to the beneficiaries. For those who have never executed a will before, the position can be challenging and a full understanding of the duties and liabilities of an executor is vital. If … [Read more...]

The Biggest Threat to Your Potential Inheritance Might Surprise You

Family feuds and disagreements over the distribution of an estate are an even bigger threat than taxes when it comes to an individual's inheritance. Whether the family is united or divided, it is essential to clarify even the tiniest details during the estate planning process. If that has not happened and the individual is already deceased, working closely with a probate lawyer is the best way to ensure an equitable division of assets before disagreements grow into legal battles with loved … [Read more...]

CFPB Rules Can Help You Keep a Mortgaged Property When Your Loved One Passes Away

The new guidelines from the Consumer Financial Protection Bureau (CFPB) make it easier for people to assume an existing mortgage when their loved one dies. While the 2014 rule requires loan servicers to provide certain information about the mortgage to heirs, the 2018 rule requires lenders to have procedures in place to quickly identify "successors in interest" and communicate with those who have the legal interest in the property. Entitlement to Loss Mitigation Options The CFPB rules make it … [Read more...]

Don’t Leave Your Family Hanging When You Die

When a person becomes incapacitated or dies without an adequate estate plan in place, his or her loved ones are left trying to make decisions based on what they believe the person would want. In some cases, loved ones may not be able to make any decisions at all. An estate plan provides guidance to friends and family members about their loved one's desires regarding the end of life care, after death plans, and property distribution. The Last Will Dying intestate can leave property and even the … [Read more...]

Housing Affordability: There Is No Crisis

While a housing affordability crisis has taken the blame for holding back home sales in the United States, homes in America are more affordable than ever despite increased prices and rising interest rates. New data provided by First American Financial Corp. suggests that today's home buyers are actually experiencing a much more affordable housing market than their parents did four decades ago. Historically low mortgage interest rates and consistent income growth have provided Americans with more … [Read more...]

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