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Published byElvin Freeman Modified over 8 years ago
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Succession Planning Strategies and Resources Dr. Norm Dalsted & Mr. Eric Peterson norman.dalsted@colostate.edu epeterson@coestatelawyers.com
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Estate Planning – Why Worry About It? Getting older. Increasing asset values. Do future generations want to farm (here)? Family members living around the world. Complexity of family units. Complexity of business ownership. Estate laws and taxes. You want to “leave a lasting legacy”!
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Estate Planning Factors to Consider Current legal structure Objectives for developing a plan Portion of estate needed by surviving spouse Plan that work regardless of which spouse dies first Provisions if spouse re-marries Availability of professional expertise
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Estate Planning - What is it? Disposition of property at death A plan for o Financial security during retirement o Fair consideration of heirs o Provisions for business continuation Impacts o Personal o Legal o Tax
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Estate Planning – Complicating Issues Health problems Management Intra-family distrust or hostility Alcohol and drug abuse by beneficiaries Risk of divorce Death Citizenship in nations other than US Blended families Business failure risk Loss of insurability in the future Risk of nursing home expenses depleting family assets Ownership of assets in states with high probate costs
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Estate Planning - Current Status Where are you ? Financial status of the business Financial status of personal wealth Legal structure of business Ownership of property Family situation Location of documents
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Estate Planning - Fact Gathering Powers of attorney Net worth o List all assets and liabilities o Valuation (fair market value, net of depreciation) Types of accounts and ownership o Joint, joint with right of survivorship, etc. o Sole proprietorship, partnerships, corporate, trust, other Location of documents
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Estate Planning – Appraisals Reliable asset valuation is critical to success of estate planning. o Gift tax exclusion o Real estate o Forming partnerships o Installment sales to children o Estate tax return Whenever a change of ownership of an asset takes place, an accurate valuation must take place.
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Estate Planning – Traits of a “Good” Advisor Honest and trustworthy Good listener Easily understood Understands family situation Knowledgeable o Finances o Tax laws o Inheritance and estate laws Will help you maximize the long-term value of your estate while meeting other goals
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Estate Planning – Advisors Team approach to estate planning helps move the process along faster No advisors have all the education or experience needed for the many areas of a successful plan o Investment objectives o Income tax strategies o Techniques of entity formation o Psychology of eliciting family support
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Estate Planning – Advisors Members of team vary, but usually include: o Family accountant o Lawyer if emphasis on estate planning o Trust company representative o Financial planners o Appraisers There are also: o Family business consultants o Extension professionals o Life insurance agents o Mediation Firms
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