Advanced Planning, Family Trust, and Business Protection
Family Trust and estate planning are especially critical when families are blended and consist of stepchildren and stepparents. Estate planning challenges are more likely to occur in blended families. Often, blended families lack a solid plan to avoid estate-related conflicts upon a disability or death. Unlike Last Wills and Testaments, a Family Trust provides flexibility and powerful estate planning solutions that avoid probate court.
Probate court creates expensive estate conflicts, resulting in thousands of dollars spent on attorney fees and court costs. The attorneys at Gateville Law Firm understand how to eliminate or reduce estate planning conflicts and set up your Trust to serve your family’s interests.
In the case that families have children or relatives with Special Needs:
Special Needs Trust are increasingly common for adults who are disabled or who qualify for Medicaid and cannot inherit assets without threatening their public assistance benefits. Principal Attorney Sean Robertson of Gateville Law Firm has expertise in structuring special needs estate planning and family trusts to minimize threats to public aid.
Family Trusts also allow for a contingency plan, which most families fail to understand and plan for. Often, we hear that families have a loved one who has developed a disability or memory issue. Most family’s estate plans lack the flexibility required to properly plan for one’s estate.
Divorce and In-Law Inheritance Concerns
Many seniors are concerned that their hard-earned money will go to their in-laws. Divorces are commonplace and child custody lawsuits threaten a couple’s Trust goals when it comes to their children and grandchildren. Our firm has significant divorce and child custody experience in addition to estate planning and asset protection legal expertise.
Now, incentive trust and other family trust legal instruments enable families to better protect their family and transfer their assets from generation to generation. One of the benefits of a Living Trust is the spendthrift provision, which protects a beneficiary’s inheritance from creditor concerns such as a divorcing spouse.
Sean Robertson and Gateville Law Firm are experienced wealth management, estate planning, and asset protection planning attorneys with an expertise in business protection, succession planning, and closely held and family businesses. Sean Robertson has a significant tax and wealth-related experience and expertise including the following:
- Estate and Gift Tax Planning
- Advanced Wealth and Estate Planning
- Federal Income Tax Planning
- Corporate, LLC, and Partnership Tax Planning
- Wills, Trusts, and Estate Planning
- Lawsuit protection and asset protection
- Business Protection and Succession Planning
- Real Estate Asset Protection and Structure Planning
- Series LLCs for Real Estate Owners
- S corporation and Partnership tax planning
- Retirement Asset Protection and Estate Planning
Real Estate Investments, Retirement, and Estate Planning
Many people have real estate properties in their name or spouse’s name. This asset structure is vulnerable to lawsuits and creditor’s concerns. One lawsuit can threaten your retirement plan and goals. We have significant liability and lawsuit protection expertise. Using Series LLCs and other asset protection structures, couples with land trust maximize asset protection. Series LLCs and business interests must be coupled with family or individual trusts to create a smooth process upon a death or incapacity.
Real estate investments and businesses have complex assets, which require a streamlined approach and qualified expertise. Often, business owners have failed to properly prepare a transition plan until a business owner is faced with a significant illness. Attorney Sean Robertson provides a smooth transition upon a disability or death.
Sean Robertson and Gateville Family Law are experienced estate planning, asset protection, and wealth management attorneys for family-owned businesses, family wealth, and real estate assets. Attorney Sean Robertson has extensive experience in the following areas:
- Estate, Gift, and Tax Planning
- Business protection and family-succession planning
- Real Estate Structure and Series LLCs for Real Estate Investments
- Retirement Planning expertise
- Living Trust and Family Trust Planning
- Blended family and estate planning simplification strategies
A family’s most significant assets are often 401(k)s, IRAs, and other retirement assets. Retirement assets create a dilemma because living trust are not recommended to be the beneficiary of retirement assets. Thus, planning solutions for retirement assets have mostly been limited to naming individuals as the beneficiaries of retirement plans. Retirement Plan Trust or otherwise known as “IRA Inheritance Trust” provide excellent estate planning and retirement planning goals for retirement assets.
There are strict rules when it comes to inheritance retirement accounts. Often, loved ones decrease or have nursing home or Medicaid concerns that threaten a family’s retirement assets. A Living Trust plans for this event coupled with a retirement plan trust, protecting one’s assets against liability concerns such as nursing home costs and other issues.
Benefits of a Retirement Plan Trust
- The first major benefit is the ability to shelter one’s inherited retirement assets from creditor or liability concerns. Often, we talk with couples that are concerned that their spouse’s decline in health and assets will go to the nursing home. Nursing home and assisted living centers are costly and deplete one’s personal and family assets. Inherited retirement assets do not have creditor protection for beneficiaries. A Retirement Plan Trust has a spendthrift provision, which enables it to protect beneficiaries and their families from creditor concerns. Inherited retirement assets do not enjoy the liability protections of qualified retirement plans originally owned by the creator of the 401(k) or IRA.
- The second benefit of a Retirement Plan Trust or IRA Inheritance Trust is tax deferral. The ability to stretch retirement assets saves thousands of dollars in taxes which are deferred. The basic premise of retirement assets is sheltering those assets from income taxation until a later date. Minimum distribution rules are complex and inheritances received by children and grandchildren lack the experience and ability to properly manage their financial assets. Often, a trustee has significant financial planning and retirement trust planning expertise which help families and protect beneficiaries and their inheritances.
Family Trust, Wealth Management, and Estate Planning Lawyers
Attorney Sean Robertson and Gateville Law Firm can assist your family in a manner that minimizes taxation, maximizes business asset protection, and sets up your real estate holdings in a way that protects your hard-earned assets. We have extensive experience working with family-owned and small business owners.