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Home » Why Small Business Owners Need Help with Asset Protection

Why Small Business Owners Need Help with Asset Protection

June 14, 2018Asset Protection

asset protection lawyers

Small business owners need to ensure that they talk with asset protection lawyers about how they can keep their wealth safe. There are steps that should be taken both to protect personal assets during the course of the business owners life and to ensure that the company can pass seamlessly onto heirs or beneficiaries after the death, disability, or other departure of the business owner.  

Frank & Kraft can provide personalized advice on the asset protection process and can provide assistance making use of effective legal tools so business owners can protect their hard-earned wealth. You should give us a call to get personalized advice on how you can protect your money and property as a business owner. You can also read on to learn about some of the key reasons why small business owners need to ensure they take steps to protect their assets.

Why Small Business Owners Need Help With Asset Protection

Small business owners need to ensure they protect their personal wealth because, depending how their business is structured, a lawsuit against the company or the company going into debt could affect the business owner’s personal funds. Sole proprietors and partners, for example, have no legal separation from their companies in the eyes of the law. This means that when the company is sued for some reason and a judgement is entered against the business, the business owners could find that the plaintiff seeks to collect from their personal wealth if there are not enough business assets.

Incorporating the business gives the company a separate identity in the eyes of the law. As long as the business owners follow corporate formalities such as not co-mingling money and property with company assets, their personal wealth should be safe and their potential losses should be limited to whatever money they invested in the business if a problem occurs.

Business owners not only need to think about how to protect their personal money during the course of their life, but also need to think about what will happen to the business when they pass away. A company often has significant value and most business owners want to pass their business onto their heirs or beneficiaries so the company can be their legacy.

This means a business succession plan needs to be created to address the issues that can arise when a company is transferred. The plan should be set up to facilitate the timely transfer of the business to new owners so the right people can immediately take ownership and control in the event of the death or incapacity of the company owner. If the business is valuable enough that estate tax could be triggered, then it also becomes important to ensure that there are steps taken to reduce or avoid estate tax. Otherwise, heirs or beneficiaries could be forced to sell company assets or even sell the business itself if there is not enough money available to pay estate tax.

It’s important to use the right legal tools and to put smart plans in place to ensure that new owners can take possession and control of the company and that taxes are minimized or avoided so the company can continue to operate long after the death of its founders or current owners.

Getting Help from Asset Protection Lawyers

Asset protection lawyers at Frank & Kraft can provide personalized advice about how to keep wealth safe and secure, no matter what your situation. We help business owners and others who want to ensure that they are able to keep their hard-earned money and property safe and leave a desired legacy for loved ones. To find out more about the assistance that we can offer, join us for a free seminar. You can also give us a call at 317-684-1100 or contact us online at any time for assistance with the asset protection process.

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Paul A. Kraft, Estate Planning Attorney
Paul A. Kraft, Estate Planning Attorney
Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.Read More!
Paul A. Kraft, Estate Planning Attorney
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If you have children, your estate plan likely designates some or all your assets to be passed on to them in the event of your demise. This arrangement is intended to secure the familial continuity of the assets you've accrued over your lifetime. While that is certainly a lofty and admirable goal, have you considered the possibility that your adult child's spouse might end up with the assets intended for your child? To better explain, the Indianapolis attorneys at Frank & Kraft discuss how to safeguard your assets from being inherited by your child’s spouse. Potential Scenarios of Asset Transfer to Your Child's Spouse You may be excited to welcome your son or daughter-in-law into the family after you find out that a wedding is in the future. Even if you approve wholeheartedly of your child's chosen life partner, it doesn't necessarily mean you desire them to inherit the assets designated for your child. Marriage complicates matters regarding asset and property ownership. For instance, envision having an estate valued at $1 million and passing it down to your married son upon your demise, anticipating that the assets will eventually be passed on to your grandchildren. If your son undergoes a divorce, some or all the estate may be considered marital property subject to division. Additionally, if your son bequeaths his entire estate to his spouse in his Will, she could inherit the entire estate in the event of his death. In both scenarios, there's no assurance that your grandchildren will ultimately receive the estate assets. Utilizing a bloodline trust can be a strategy to address this concern. The Role of a Trust in Asset Protection A trust establishes a legal relationship where assets originally owned by one party are held by a Trustee for the benefit of a third party or parties. Created by a Settlor (also known as a Maker or Grantor), a trust involves the transfer of property to a Trustee appointed by the Settlor. Trusts are classified as either testamentary or living trusts. A testamentary trust comes into effect upon the Settlor's death, activated through a provision in the Settlor's Will. Conversely, a living trust takes effect once all legalities are in place and is administered during the Settlor's life, potentially continuing after their demise. A bloodline trust, a type of revocable trust, specifically ensures that assets remain within your bloodline. Establishing a Bloodline Trust for Asset Protection Upon creation, a bloodline trust can be funded with the assets and property intended for your child(ren). Upon your passing, the trust becomes irrevocable, safeguarding the assets from creditor access to satisfy debts. If your child faces a divorce, the trust's assets are considered separate property and are not subject to division. Upon the passing of the original beneficiaries (your children), any remaining trust assets are distributed to your grandchildren or other blood descendants. In summary, a bloodline trust guarantees that your child's spouse does not inherit your assets, ensuring that the assets remain within the family. Do You Questions about How to Safeguard Assets? For more information, please join us for an upcoming FREE seminar. If you have additions questions or concerns about the best way to safeguard your assets from being inherited by your child’s spouse, contact an experienced Indianapolis estate planning attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
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