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	<title>Ric Blackwell Law</title>
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	<link>https://ricblackwelllaw.com</link>
	<description>#1 Estero Lawyer</description>
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		<title>Estero Tax Lawyer</title>
		<link>https://ricblackwelllaw.com/estero-tax-lawyer/</link>
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		<pubDate>Sat, 31 Jul 2021 21:06:58 +0000</pubDate>
		<dc:creator><![CDATA[owner]]></dc:creator>
				<category><![CDATA[Taxes]]></category>

		<guid isPermaLink="false">http://ricblackwelllaw.com/?p=1317</guid>
		<description><![CDATA[]]></description>
				<content:encoded><![CDATA[<div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"><h2 style="text-align: left;font-family:Abril Fatface;font-weight:400;font-style:normal" class="vc_custom_heading" >How Will the New Tax Law Affect You?</h2></div></div></div></div></div><div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
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			<p>The Chicago Tribune takes a detailed look at how the new tax law will impact most Americans during the course of the next year and in 2019, in &#8220;What happens next with the Republican tax plan, month by month.&#8221;</p>
<p>There are a couple of things to keep in mind. One is that the details won&#8217;t be ironed out until the IRS releases new regulations based on the changes that Congress made. These are expected to come out throughout the coming year. Second, as with any tax discussion, you should speak with your tax advisor about your particular situation.</p>
<p>Let&#8217;s look at what happens when, as we know it now:</p>
<p>January 2018: The new tax law goes into effect.</p>
<p>Speak with tax advisers early in the year to plan for how the new law will impact you. One change starting in January is an expansion of the 529 College Savings Plans. These used to be reserved for saving money for college, but the new law expands their use to also include paying for K-12 education.</p>
<p>If you&#8217;re looking to buy or refinance a house, the mortgage interest deduction will be capped at $750,000 as of the first of the year not $1 million. If you purchase a new house or refinance, there will be some different considerations.</p>
<p>The estate tax threshold goes up.</p>
<p>Businesses will start seeing lower tax rates as part of the Republican plan trickle down-theory of economics. Some stockholders will also likely see benefits as companies buy back stock.</p>
<p>February 2018: The IRS will publish new tax rates. The tax code changes will also impact your paycheck, so your W-4s may require tweaking. In January, the amount that&#8217;s withheld will likely be too high, since most people are getting a tax cut. However, we won&#8217;t know until February when the IRS releases the new rates about how much you&#8217;re overpaying. (You&#8217;ll get those overpayments back after you file in 2019.) Once the IRS publishes the new rates, you&#8217;ll have fewer dollars taken out of your paycheck in taxes.</p>
<p>April 2018: File your taxes. There aren&#8217;t too many changes here, because you&#8217;re paying on your 2017 earnings.</p>
<p>Before the end of 2018: Consider how to prepay alimony before the end of 2018. Your ability to deduct that payment will end beginning in 2019. You may want to ask the judge if you can pay more in 2018 to claim the deduction on that year&#8217;s taxes.</p>
<p>January 2019: The Obamacare individual mandate ends. The requirement that you either have insurance coverage or pay a fine is eliminated, so you can just not have medical insurance and not have to pay extra on your taxes.</p>
<p>April 2019: File your taxes. You&#8217;ll get more money back after filing your taxes, because of your overpayment in January and February of 2018. The alternative minimum tax (AMT) also goes up at this time.</p>
<p>2026: Individual tax cuts expire, unless they&#8217;re renewed by Congress. Remember that any law that can be created can also be unmade, and it is likely that there will be changes between now and 2026.</p>
<p>Speak with an experienced estate planning attorney about how these changes may impact your estate plan and your tax planning. There may be new opportunities that did not exist before, but you want to make sure they work with your overall estate plan.</p>
<p>Reference: Chicago Tribune (December 23, 2017) �What happens next with the Republican tax plan, month by month�</p>

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		<title>Estero Corporation Lawyer</title>
		<link>https://ricblackwelllaw.com/estero-corporation-lawyer/</link>
		<comments>https://ricblackwelllaw.com/estero-corporation-lawyer/#respond</comments>
		<pubDate>Wed, 16 Jun 2021 21:10:31 +0000</pubDate>
		<dc:creator><![CDATA[owner]]></dc:creator>
				<category><![CDATA[Business]]></category>

		<guid isPermaLink="false">http://ricblackwelllaw.com/?p=1322</guid>
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				<content:encoded><![CDATA[<div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"><h2 style="text-align: left;font-family:Abril Fatface;font-weight:400;font-style:normal" class="vc_custom_heading" >What Are The Advantages &amp; Disadvantages Of Creating A Corporation?</h2></div></div></div></div></div><div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
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			<h2>Entity</h2>
<p>A corporation is a <a href="http://www.bvflaw.com/practice_areas/business-litigation-attorneys-florida-commercial-lawyers.cfm">separate legal business entity</a> created under state laws by an owner or group of owners who become initial shareholders. Corporations are completely separate from their shareholders, “which means that the corporation itself, not the shareholders that own it, is held legally liable for the actions and debts incurred by the business,” according to Business.gov. Shareholders elect a board of directors to manage the corporation, and they in turn appoint officers to handle daily business operations.</p>
<div id="section-1">
<h2>Structure</h2>
<p><a href="http://www.bvflaw.com/library/what-type-of-business-structure-is-best-for-my-new-company-.cfm">Corporations have a required set structure</a>, which helps the business to run more efficiently. Corporations are owned by shareholders who elect a board of directors to support their interests and run the corporation. “Each group has its own set of clearly-defined roles and responsibilities within the corporate framework,” reports Find Law.</p>
</div>
<div id="section-2">
<h2>Financial Aspects</h2>
<p>The well-known and understood stock structure of corporations makes them very attractive to investors of all levels. That same structure allows you to entice new employees by offering them ownership of the company through either stocks or stock options. Corporations exist separately from their owners, so stocks can be freely traded in the market, which means that ownership may constantly change hands, spreading over a large number of people. When a corporation needs to raise capital, they have the option of selling stock in the company.</p>
<div id="section-3">
<h2>Liability and Taxation</h2>
<p>“Since a corporation is a separate and distinct legal entity, owners of a corporation are only indebted to the extent of their interest in the corporation,” according to Business Accent. This means that shareholders are not personally liable for any company debt and creditors cannot go after their personal assets for business debts. Similarly, shareholders only pay taxes on any profits paid to them as salaries, bonuses or dividends and the corporation itself pays corporate rate taxes on any additional profits at the lower corporate rate.</p>
</div>
<div id="section-4">
<h2>Perpetual Existence</h2>
<p>The main advantage of a corporation is its perpetual existence. Since the corporation is a separate legal entity from any of its owners, it does not dissolve when one owner leaves. If a shareholder dies, the company may transfer her shares in the same way as any other property, and the corporation is not negatively affected. This also allows a shareholder to disconnect from the corporation by selling all of her shares without ending the corporation. Keep in mind that when deciding to dissolve a company there are procedures and paperwork required.</p>
</div>
<div id="section-5">
<h2>Disadvantages</h2>
<p>While a corporation offers many advantages, those same qualities can also make life more difficult. It costs money to incorporate your business, as “startup, operating and tax costs are not required of most other structures,” reports Business.gov. Corporations have rules to follow and you must adhere to the formalities of organizing and running the company. Increased business regulations lead to a large amount of paperwork required to both incorporate and keep accurate tax, business and monetary records as required by law.</p>
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		<title>Estero Estate Planning Lawyer</title>
		<link>https://ricblackwelllaw.com/estero-estate-planning-lawyer/</link>
		<comments>https://ricblackwelllaw.com/estero-estate-planning-lawyer/#respond</comments>
		<pubDate>Sat, 01 May 2021 21:14:49 +0000</pubDate>
		<dc:creator><![CDATA[owner]]></dc:creator>
				<category><![CDATA[Probate]]></category>

		<guid isPermaLink="false">http://ricblackwelllaw.com/?p=1327</guid>
		<description><![CDATA[]]></description>
				<content:encoded><![CDATA[<div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"><h2 style="text-align: left;font-family:Abril Fatface;font-weight:400;font-style:normal" class="vc_custom_heading" >Succession Planning - To Do Or Not To Do</h2></div></div></div></div></div><div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
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			<p>Many business owners are so consumed with day-to-day operations they don’t feel they have time to consider estate planning, particularly since it can raise emotionally charged issues. Estate planning for a business owner requires thinking about business succession planning. Will the business be sold when the owner is ready to retire, or will a spouse or one or more of the children continue to run the business after the owner’s retirement or death? If the business is to continue, who will own it and will those who are expected to run the business have the necessary knowledge and ability to do so successfully? If there are multiple owners/partners, is there a mechanism in place to allow a deceased owner’s estate to be paid a fair price by the surviving owners for the deceased owner’s interest?</p>
<p>Unfortunately, only a small percentage of family-owned businesses are successfully transferred to the next generation. Attempted transfers fail for many reasons. The next generation may not have the necessary skills to keep the business going. If ownership of the business is divided equally among the owner’s children but not all of the children work in the business, this can lead to disputes among the co-owners that can scuttle the enterprise. If the owner’s estate is large enough to trigger an estate tax, there may not be sufficient cash to pay the tax without a forced sale of the business.</p>
<p>One important planning tool where the business has more than one owner is a buy-sell agreement that will allow a retiring owner, or a deceased owner’s estate, to receive fair value for his or her ownership share. This agreement can provide for a fair market purchase by a promissory note at a reasonable rate of interest when one owner retires, or it can be funded by life insurance policies on each owner that will allow the policy proceeds to be used to buy out a deceased owner’s share, in both cases without forcing the liquidation of the business.</p>
<p>A business owner who hopes to pass his or her business to the next generation needs to think and plan carefully. If possible, the best plan may be to give the ownership of the business to the child or children working in the business who will take over its management, and to leave other assets of equal value to the non-participating children. Where the business comprises the bulk of the owner’s estate, this may not be possible. In that case, the owner might consider purchasing life insurance to provide cash to give to the non-participating children, if this is an economically viable option.</p>
<p>Another option might be to structure the transfer of ownership so that the children actively involved in the operation of the business end up with complete control over the management of the enterprise and the non-participating children receive their interests in a form that allows them to receive their share of the net profits of the business but without the ability to control or interfere with the control of the business.</p>
<p>If the business comprises more than 35% of the owner’s estate, after the owner’s death the estate may qualify (under Internal Revenue Code Section 6166) for a deferral of the estate tax attributable to the business and elect to pay the tax in installments over as many as 15 years. This election is intended to avoid the forced liquidation of the business and to allow future profits to be used to pay the estate tax.</p>
<p>In short, business owners have unique estate planning issues and planning early, while the owner is still hearty, is the best way to improve the odds that the company will thrive after the owner is gone.</p>

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		<title>Estero Estate Attorney</title>
		<link>https://ricblackwelllaw.com/estero-estate-attorney/</link>
		<comments>https://ricblackwelllaw.com/estero-estate-attorney/#respond</comments>
		<pubDate>Sun, 14 Mar 2021 21:21:36 +0000</pubDate>
		<dc:creator><![CDATA[owner]]></dc:creator>
				<category><![CDATA[Probate]]></category>

		<guid isPermaLink="false">http://ricblackwelllaw.com/?p=1330</guid>
		<description><![CDATA[]]></description>
				<content:encoded><![CDATA[<div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"><h2 style="text-align: left;font-family:Abril Fatface;font-weight:400;font-style:normal" class="vc_custom_heading" >Estate Planning News</h2></div></div></div></div></div><div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
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			<p>Building wealth is only half the job. Protecting wealth for your loved ones and yourself is equally important. Through estate planning, business planning, and asset protection, I can help you protect everything you love – family, friends and favorite charities.</p>
<h3>What Tax-Savvy Givers Know</h3>
<p>Are you a charitably-minded taxpayer who wants to wring every possible tax benefit available under the Internal Revenue Code (IRC)? If yes, then first confirm that the charities soliciting you are legitimate charities or your contributions will not be deductible. Assuming they are legitimate, then you need to understand some savvy fundamentals regarding how to best leverage the timing of your philanthropy and the assets you have to give. For example, what are your best tax-savvy options if you choose to give now or, perhaps, choose to give later on?</p>
<p><strong>Giving Smart Now</strong></p>
<p>Sometimes opportunities to do good with our assets come up right now. Think of this as <em>tactical</em> giving. Whether it is a collection plate being passed around for an immediate need or a capital campaign for a building project, funds are needed now while you are alive. When these opportunities present themselves, remember to think <em>tactically</em>.</p>
<p>In other words, before you give cash, determine whether you have any highly-appreciated assets like real estate or stock you can contribute to the cause. Why? If you give cash, then the charitable deduction you may claim is limited to the value of the cash. Nothing more.</p>
<p>However, all things being equal, if you give appreciated real estate or stock instead of cash, then your charitable deduction will be based on the full fair market value (not your “basis”) of the real estate or stock you contribute to the cause. That can be a great advantage.</p>
<p><strong>Smart Giving Later</strong></p>
<p>Perhaps you want to make sure you do not need charity yourself during your lifetime. After all, who knows what can happen economically or with your own health. There is international economic volatility, life expectancies are lengthening and health care costs are only increasing. As a result, you may want to keep control and ownership over your assets as long as you are living, but benefit your favorite charity (or charities) after you pass on. This is a very responsible approach.</p>
<p>Many charitable taxpayers make a common mistake when it comes to the most tax-efficient assets to transfer to loved ones or leave to charity (or charities). For example, what if you want to leave $100,000 to charity and an equal amount to your children at your passing? If you have $100,000 in an IRA and $100,000 in highly appreciated stock, then you need to understand postmortem income taxation. Which asset is better to leave to your loved one versus your charity (or charities)?</p>
<p><strong>Understanding Basis</strong></p>
<p>For starters, appreciated assets enjoy a stepped up basis at your passing. For example, what if you own stock in XYZ Corporation and you bought it for $1. If it is worth $100,000 on the day of your passing, then your loved ones would inherit it at the $100,000 value for determining any capital gains taxes upon its sale. When they inherit it and then sell it for $100,000 (assuming it has not gone up in value after the date of your passing), then they pay no capital gains taxes and inherit the full $100,000 tax-free. If you left the stock to your favorite charity (or charities), then the tax consequences would be the same.</p>
<p>What if you left a $100,000 IRA to your loved ones? Since the IRA has never been taxed, every dollar remains taxable as ordinary income when withdrawn by your loved ones. Interestingly, your favorite charity (or charities) pay no income taxes and would receive the full $100,000 tax-free. As you can see, this is rather complicated.</p>
<p>For more information, please check our website at http://www.bvflaw.com, or call us at 239-703-7210, or email us rblackwell@bvflaw.com.</p>
<h3></h3>
<h3>What Tax-Savvy Givers Know</h3>
<p>Are you a charitably-minded taxpayer who wants to wring every possible tax benefit available under the Internal Revenue Code (IRC)? If yes, then first confirm that the charities soliciting you are legitimate charities or your contributions will not be deductible. Assuming they are legitimate, then you need to understand some savvy fundamentals regarding how to best leverage the timing of your philanthropy and the assets you have to give. For example, what are your best tax-savvy options if you choose to give now or, perhaps, choose to give later on?</p>
<p><strong>Giving Smart Now</strong></p>
<p>Sometimes opportunities to do good with our assets come up right now. Think of this as <em>tactical</em> giving. Whether it is a collection plate being passed around for an immediate need or a capital campaign for a building project, funds are needed now while you are alive. When these opportunities present themselves, remember to think <em>tactically</em>.</p>
<p>In other words, before you give cash, determine whether you have any highly-appreciated assets like real estate or stock you can contribute to the cause. Why? If you give cash, then the charitable deduction you may claim is limited to the value of the cash. Nothing more.</p>
<p>However, all things being equal, if you give appreciated real estate or stock instead of cash, then your charitable deduction will be based on the full fair market value (not your “basis”) of the real estate or stock you contribute to the cause. That can be a great advantage.</p>
<p><strong>Smart Giving Later</strong></p>
<p>Perhaps you want to make sure you do not need charity yourself during your lifetime. After all, who knows what can happen economically or with your own health. There is international economic volatility, life expectancies are lengthening and health care costs are only increasing. As a result, you may want to keep control and ownership over your assets as long as you are living, but benefit your favorite charity (or charities) after you pass on. This is a very responsible approach.</p>
<p>Many charitable taxpayers make a common mistake when it comes to the most tax-efficient assets to transfer to loved ones or leave to charity (or charities). For example, what if you want to leave $100,000 to charity and an equal amount to your children at your passing? If you have $100,000 in an IRA and $100,000 in highly appreciated stock, then you need to understand postmortem income taxation. Which asset is better to leave to your loved one versus your charity (or charities)?</p>
<p><strong>Understanding Basis</strong></p>
<p>For starters, appreciated assets enjoy a stepped up basis at your passing. For example, what if you own stock in XYZ Corporation and you bought it for $1. If it is worth $100,000 on the day of your passing, then your loved ones would inherit it at the $100,000 value for determining any capital gains taxes upon its sale. When they inherit it and then sell it for $100,000 (assuming it has not gone up in value after the date of your passing), then they pay no capital gains taxes and inherit the full $100,000 tax-free. If you left the stock to your favorite charity (or charities), then the tax consequences would be the same.</p>
<p>What if you left a $100,000 IRA to your loved ones? Since the IRA has never been taxed, every dollar remains taxable as ordinary income when withdrawn by your loved ones. Interestingly, your favorite charity (or charities) pay no income taxes and would receive the full $100,000 tax-free. As you can see, this is rather complicated.</p>
<p>For more information, please check our website at http://www.ricblackwelllaw.com, or call me at 239-703-7210, or email us ricblackwelllaw@gmail.com.</p>

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		<title>Estero Real Estate Lawyer</title>
		<link>https://ricblackwelllaw.com/estero-real-estate-lawyer/</link>
		<comments>https://ricblackwelllaw.com/estero-real-estate-lawyer/#respond</comments>
		<pubDate>Sat, 12 Dec 2020 21:33:38 +0000</pubDate>
		<dc:creator><![CDATA[owner]]></dc:creator>
				<category><![CDATA[Real Estate]]></category>

		<guid isPermaLink="false">http://ricblackwelllaw.com/?p=1339</guid>
		<description><![CDATA[]]></description>
				<content:encoded><![CDATA[<div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"><h2 style="text-align: left;font-family:Abril Fatface;font-weight:400;font-style:normal" class="vc_custom_heading" >Pros and Cons of Home Refinancing vs. Mortgage Modification</h2></div></div></div></div></div><div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
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			<p>Your new house was supposed to be your retirement palace. It wasn’t cheap, but living in paradise costs money—maybe more than you actually have—but you can’t bear the thought of selling until you’ve exhausted all of your options. Is there any way to lower the monthly payments or to bring your interest rate down?</p>
<h2>Differences Between Refinancing and Mortgage Modification</h2>
<p>The main difference between these two financing options is whether you wish to keep your existing loan under new terms (mortgage modification), or get a completely new mortgage with new terms, interests rates, and payments (refinancing). Here are a few pros and cons of each mortgage option:</p>
<h3>Mortgage Modification</h3>
<p>In cases where a homeowner is unable to afford his mortgage payments, the mortgage provider may offer a lower rate on the loan, called mortgage modification. The most common benefits are:</p>
<ul>
<li>You are allowed to keep your existing loan.</li>
<li>The process is cheaper than refinancing.</li>
<li>Mortgage modification helps bring down monthly payments.</li>
<li>It will reduce interest rates.</li>
<li>You can avoid foreclosure.</li>
</ul>
<p>While modification may allow you to pay less money per month, it often means extending the term of the loan or paying additional fees. In addition, some people are so grateful for the option of modification that they accept the first offer on a new rate without negotiation, losing them hundreds of thousands of dollars over the life of the loan.</p>
<h3>Refinancing</h3>
<p>Refinancing involves paying off your existing loan with a new mortgage. Most people choose to refinance a home if they cannot reduce their current rate, or if they want to switch from an adjustable rate to a fixed rate mortgage. Some homeowners are able to borrow an additional amount when refinancing by using the equity they have built up in their homes. Benefits of refinancing include:</p>
<ul>
<li>Modifying the length of loan repayment</li>
<li>Reducing your interest rate</li>
<li>Lowering monthly payments</li>
<li>Getting cash in hand to pay other costs or debt</li>
<li>Consolidating multiple mortgages into a single loan</li>
</ul>
<p>While lenders may offer these options for reducing payments, they often come with fees and penalties. Your existing lender may charge you a penalty for paying off your mortgage early, you will have to pay closing costs when refinancing—and after all the paperwork is signed, you may find that you are ultimately paying more in interest than you were before.</p>
<p>Before you agree to any terms, it is vital that you seek the advice of an experienced<a href="http://www.bvflaw.com/practice_areas/real-estate-attorneys-southwest-fl-law-firm.cfm"> Collier County real estate attorney</a>. At Blackwell, Vishio &amp; Fisher, PLLC, we can look over your offers to determine whether you should work with a bank or mortgage company, how you can save the most money (both short and long-term), and give you the full financial picture of your housing commitment. Click the contact link on this page to find out how we can help protect your future.</p>

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		<title>Estero Corporation Lawyer</title>
		<link>https://ricblackwelllaw.com/estero-corporation-lawyer-2/</link>
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		<pubDate>Sun, 11 Oct 2020 21:37:39 +0000</pubDate>
		<dc:creator><![CDATA[owner]]></dc:creator>
				<category><![CDATA[Business]]></category>

		<guid isPermaLink="false">http://ricblackwelllaw.com/?p=1343</guid>
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				<content:encoded><![CDATA[<div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"><h2 style="text-align: left;font-family:Abril Fatface;font-weight:400;font-style:normal" class="vc_custom_heading" >Best Practices for Forming and Ending a Business Partnership</h2></div></div></div></div></div><div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
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			<p>You have to admit, it’s an attractive prospect. Allowing another person to take part ownership of your business would give you more free time, fewer responsibilities, and ease a lot of the stress that has kept you away from home. But does a business partnership offer more risks than rewards?</p>
<h2>What to Consider Before Forming a Business Partnership</h2>
<p>The first thing you must know is that not all partnerships require legal designation; if you wish to go into business with someone, they are essentially your partner. However, without legal protection, a partnership can easily affect for your business, professional relationships, and financial stability for the worse. You should consider the following before entering into a business partnership:</p>
<ul>
<li>Shared authority. In most partnerships, each individual is given the power to speak for the whole company. This means you relinquish control of the business to a partner whenever you are not present (and in some cases, even when you are). If you are uncomfortable granting someone the ability to enter into contracts or business deals with clients without your consent, you may want to reconsider the partnership.</li>
<li>Shared liability. If the business is not protected under an LLC, each partner can be held liable for the full amount of any company debt—and if one partner does not pay, the other may be sued for the full amount. Creditors can force a partner to sell his possessions, including his house, car, or other assets, to make up the debt.</li>
<li>Dissolution. Many people make the mistake of entering into a partnership without considering what will happen when the partnership ends. If one partner simply leaves the business, the other may be left with any remaining business debts, obligations, or unfulfilled services.</li>
</ul>
<h2>How to Enter into a Fulfilling Partnership</h2>
<p>All partnerships should begin with a written agreement between the parties outlining each partner’s rights, responsibilities, and shares of profits. The agreement should have a provision for the ending of the partnership, and allow a buyout option for each partner if the other leaves, retires, dies, or is unable to perform his duties.</p>
<p>If you want to fully protect your existing business, the easiest and wisest move would be to create an LLC or a limited partnership for your new owner. Ric Blackwell is an experienced <a href="http://www.ricblackwelllaw.com/practice_areas/getting-the-right-legal-help-for-new-and-existing-businesses.cfm">Collier County business lawyer</a> who can help you with every aspect of creating, running, and dissolving your company. Click the contact link on this page to find out how we can help.</p>

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		<title>Estero Elder Law</title>
		<link>https://ricblackwelllaw.com/estero-elder-lawyer/</link>
		<comments>https://ricblackwelllaw.com/estero-elder-lawyer/#respond</comments>
		<pubDate>Sat, 08 Aug 2020 21:39:24 +0000</pubDate>
		<dc:creator><![CDATA[owner]]></dc:creator>
				<category><![CDATA[Elder Law]]></category>
		<category><![CDATA[Financial]]></category>

		<guid isPermaLink="false">http://ricblackwelllaw.com/?p=1345</guid>
		<description><![CDATA[]]></description>
				<content:encoded><![CDATA[<div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"><h2 style="text-align: left;font-family:Abril Fatface;font-weight:400;font-style:normal" class="vc_custom_heading" >What Unmarried Seniors Need to Know About Estate Planning</h2></div></div></div></div></div><div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
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			<p>Most people don’t like to think about what will happen when their parents and grandparents pass away. For many families, the time to grieve will also be a time to take on new roles: one will be tasked with distributing property, many will become beneficiaries, and some may even be entrusted to care for children.</p>
<p>But for unmarried seniors, these roles may fall to relatives they don’t trust—or have never even met.</p>
<h2>What Unmarried Florida Residents Are Risking Without an Estate Plan</h2>
<p>A recent <a href="http://www.wsj.com/articles/estate-planning-essentials-for-single-people-1417917773?KEYWORDS=geer">Wall Street Journal</a> article pointed out that over half of women and a quarter of men over age 65 were unmarried, amounting to an estimated to 18 million divorced, widowed, or never-married seniors. While estate planning is important for all people, there are a few special considerations that should inspire single seniors to create their wills:</p>
<ul>
<li>Power of decision. Those who have children or a living spouse may be relying on their families to make decisions for them if they are incapacitated. However, if a single property owner has not appointed someone to take over his medical and financial affairs, these responsibilities could potentially fall on any one of his relations. If you are single senior who falls into a coma or suffers from dementia, all of your assets (as well as plans for your future medical care) could go to any person appointed by the state without your approval.</li>
<li>Account beneficiary. While people may be required to name beneficiaries on their retirement accounts and life insurance policies, the person who inherits the amount in your bank accounts and stock investments may not be as clear-cut (and if you did not amend the beneficiary after your divorce, an ex-spouse will inherit the amount).</li>
<li>Inheritances. The law will generally favor a spouse if a married person dies without a will. For unmarried people, assets generally pass to your children, then to your parents, then siblings, and finally to distant relatives. If you have no living family (and you have not declared your wishes in a will), your assets will then become property of the state.</li>
</ul>
<p>For this reason, it is important to create an estate plan as early as possible. At the very least, property holders should have a will that specifically states who is authorized to make your medical decisions, how your assets are to be distributed after your death, and who should act as the executor of your will. You should review this document every five to ten years to make sure your choices have not changed.</p>
<p>If you need help amending or creating a will, I can help!</p>

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		<title>Estero Trust Lawyer</title>
		<link>https://ricblackwelllaw.com/estero-trust-lawyer/</link>
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		<pubDate>Wed, 15 Apr 2020 21:41:00 +0000</pubDate>
		<dc:creator><![CDATA[owner]]></dc:creator>
				<category><![CDATA[News]]></category>

		<guid isPermaLink="false">http://ricblackwelllaw.com/?p=1347</guid>
		<description><![CDATA[]]></description>
				<content:encoded><![CDATA[<div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"><h2 style="text-align: left;font-family:Abril Fatface;font-weight:400;font-style:normal" class="vc_custom_heading" >Ten Things To Know About Living Trusts</h2></div></div></div></div></div><div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
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			<p>For most people, a will is the first choice for passing on an estate to heirs. But it&#8217;s not the only choice. Among other <a href="http://www.aarp.org/money/estate-planning/">estate planning</a> tools, the revocable living trust is gaining in popularity, especially among boomers.</p>
<p>In addition to being one of several ways to avoid probate—the legal process to determine whether a will is valid—living trusts may offer before-death and after-death advantages.</p>
<p>Whether a living revocable trust is right for you depends on your circumstances. Consultation with a qualified attorney and a personal financial adviser should always be part of your estate planning, but here are 10 things you should know about living trusts:</p>
<h2>What is a revocable living trust?</h2>
<p>A revocable living trust is a written agreement designating someone to be responsible for managing your property, It&#8217;s called a living trust because it&#8217;s established while you&#8217;re alive. It&#8217;s &#8220;revocable&#8221; because, as long as you&#8217;re mentally competent, you can change or dissolve the trust at any time at your own discretion for any reason. Typically, a living trust becomes irrevocable (cannot be changed) when you die.</p>
<p>A trust involves three parties: you as the creator, the trustee or trustees who agree to manage your assets as directed by the terms of the trust, and the beneficiaries.</p>
<p>You will probably want to name yourself and your spouse as trustees, because you want full control of the property while you&#8217;re alive. As trustee, you will have the power to wheel and deal with your assets—sell them, exchange them, invest them, do whatever you want with them.</p>
<h2>What is the difference between a living trust and a will?</h2>
<p>Both a will and a living trust contain your inheritance instructions, meaning who gets what, when they get it, and how.</p>
<p>&#8220;A trust is often preferred for people concerned with privacy and avoiding probate,&#8221; says attorney Thomas J. Bogar of Cheltenham, Pa. A living trust will not become part of the public record unless a trustee or a beneficiary demands court approval of accounts. Probate records are always open to the public.</p>
<p>While trusts serve a purpose in some circumstances, for most people with relatively modest estates, wills are quite adequate. They are generally less complicated and less expensive than a trust.</p>
<h2>What if I don&#8217;t have either one?</h2>
<p>If you don&#8217;t leave valid instructions about your estate, your property generally goes to your spouse or your closest heirs, which may not be what you want to do. Also, the state could assign someone you wouldn&#8217;t trust to manage the distribution of your property or be the legal guardian of your minor children.</p>
<h2>What can a revocable living trust do for you, and what can&#8217;t it do?</h2>
<p>A living trust can provide you with the peace of mind that comes from knowing that your assets and your heirs will be protected in the event that you unexpectedly become unable to handle your own financial affairs. It eliminates the need for your estate to pass through probate court before it can be passed on to your heirs. Properly worded, a trust can also be used as a substitute for powers of attorney</p>
<p>Your trust can be written in a way that will pass your assets on to your beneficiaries immediately upon your death, or you can designate that they be portioned out over time and in amounts that you specify. Your attorney can help by including tax savings clauses that may help to reduce state and federal estate taxes.</p>
<p>Among the things that a trust cannot do is protect against a disgruntled heir. &#8220;A living trust can resolve some of the most common family conflicts that may arise in the inheritance arena,&#8221; says Santa Monica, Calif., attorney Jeff Condon. &#8220;However, if you cut someone out of your living trust as a beneficiary, he or she can challenge the trust just as a will can be challenged.&#8221;</p>
<h2>Who are the trustees?</h2>
<p>Any mentally competent adult may be named trustee. &#8220;Normally, you will name yourself and your spouse as trustees,&#8221; says Condon. &#8220;That&#8217;s because you want full control of the property while you&#8217;re alive.&#8221; If you become too ill or disabled to manage your property, your co-trustee or successor trustee will do this for you.</p>
<p>Normally, you would name your children as successor trustees, says Condon. &#8220;However, if you&#8217;re not confident that your children would distribute the assets according to your instructions, you should name a professional fiduciary as your successor trustee. This could be the trust department of a bank, a professional trust company or a private fiduciary.&#8221;</p>
<h2>Do I have to put a lot of money in a living trust at the start?</h2>
<p>&#8220;Except for a token dollar amount, it isn&#8217;t necessary to fund a living trust when it is created,&#8221; says Bogar. &#8220;You can fund your trust with as little as a dollar or as much as every asset you own. You can even specify in your will that your trust is to be funded only upon your death. There are advantages to each choice, depending on your needs and concerns.&#8221;</p>
<h2>Will a living trust require a lot of additional work and cost if I add or delete property or investments?</h2>
<p>&#8220;No,&#8221; says Condon. &#8220;You do not have to see your lawyer when your assets change.&#8221;</p>
<h2>Do I need an attorney to prepare a living trust?</h2>
<p>&#8220;Yes,&#8221; says Bogar. &#8220;I can tell you horror stories of poorly drafted trusts. You don&#8217;t want to be your own doctor. It follows that you don&#8217;t want to be your own lawyer.&#8221;</p>
<p>Be cautious about using generic or online living trust kits that claim to be customized documents prepared by an attorney.</p>
<h2>How much does it cost to set up a living trust?</h2>
<p>The price could be all over the map depending on the attorney used, the complexity and size of the assets and the geographic area. The fee could be as little as a few hundred dollars, but more typically runs several thousand or more.</p>
<h2>So is a revocable living trust right for me?</h2>
<p>It&#8217;s not right for everyone, experts agree. You should weigh the advantages and disadvantages. For simple estates with few assets and investments, it may not be worthwhile, since setting up a trust usually involves more expense than a will. Consultation with a qualified financial adviser should help you decide.</p>

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		<title>Estero Trust Attorney</title>
		<link>https://ricblackwelllaw.com/estero-trust-attorney/</link>
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		<pubDate>Thu, 20 Feb 2020 21:43:03 +0000</pubDate>
		<dc:creator><![CDATA[owner]]></dc:creator>
				<category><![CDATA[News]]></category>

		<guid isPermaLink="false">http://ricblackwelllaw.com/?p=1350</guid>
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				<content:encoded><![CDATA[<div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"><h2 style="text-align: left;font-family:Abril Fatface;font-weight:400;font-style:normal" class="vc_custom_heading" >Will Trustee Stole Thousands from Deceased Friend’s Estate</h2></div></div></div></div></div><div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
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			<p>A Wisconsin businessman has pled guilty to estate theft, admitting he stole nearly $160,000 from the wife and children of a deceased friend.</p>
<p>Zygmund “Zyg” Jablonski gave his testimony in Ashland County Circuit Court Thursday on November 13, saying he had diverted hundreds of thousands in funds from the estate of the late James Joseph Sanders. Jablonski, who was appointed as a trustee to the estate, had diverted the money in an attempt to save his floundering plumbing business.</p>
<p>Jablonski stated that he had written a total of 16 checks between February 2008 and August 2012 that were drawn on funds of the estate. His company, A to Z Plumbing, received $85,800 and checks totaling $73,500 were cashed by Jablonski himself. Jablonski pled guilty to a single criminal charge of theft by trustee in the amount of $131,450, as he had repaid $27,850 to the estate before the charges were filed.</p>
<p>Jablonski had acted as personal representative to the estate for six years before the case began. Sanders’ niece, Susan Munich, had repeatedly asked Jablonski for an accounting of the estate, which he was unable to give. After being put off several times, she began to examine the state statutes in order to see what had been happening to her uncle’s accounts.</p>
<p>In a victim impact statement, Munich said of Jablonski, “He has done damage to our whole family that is horrible. I have known Mr. Jablonski since he was around 11 or 12 years old. I would never have thought this of him.”</p>
<p>After Jablonski entered his plea, the court was given receipts of repayments that Jablonski had made to the Sandor estate. These payments totaled $131,848.70 and were said to represent the full amount taken from the estate, plus the interest that would have accrued if the funds had remained in the account. Jablonski also said he regretted the decision to take the money, and had always planned on paying the estate back.</p>
<p>Attorneys in the case said that punishment could have been much harsher, as Jablonski could have faced 16 different counts of theft instead of the single criminal count. In addition, no penalties were filed for crimes against the elderly, as three of the individuals entitled to the proceeds of the estate died during the period when Jablonski was re-appropriating the funds.</p>
<p>To learn more about choosing the trustee of your will wisely, contact <a href="http://www.bvflaw.com/practice_areas/an-elder-law-attorney-can-help-protect-your-financial-future.cfm">Florida elder law attorney</a> Ric Blackwell today.</p>

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		<title>Estero Real Estate Attorney</title>
		<link>https://ricblackwelllaw.com/estero-real-estate-attorney/</link>
		<comments>https://ricblackwelllaw.com/estero-real-estate-attorney/#respond</comments>
		<pubDate>Sat, 23 Nov 2019 21:46:58 +0000</pubDate>
		<dc:creator><![CDATA[owner]]></dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Real Estate]]></category>

		<guid isPermaLink="false">http://ricblackwelllaw.com/?p=1354</guid>
		<description><![CDATA[]]></description>
				<content:encoded><![CDATA[<div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper"><h2 style="text-align: left;font-family:Abril Fatface;font-weight:400;font-style:normal" class="vc_custom_heading" >Floridians Invest in Their Own Homes as “Legacy” Real Estate</h2></div></div></div></div></div><div class="vc-row-container container"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
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			<p>As investment options grow, many retirees are choosing to keep their money at home—or at least, in their dream homes. One of the most popular real estate investment trends among affluent Florida residents is buying or building “legacy” properties: large-scale houses that are meant to be passed down to their children and grandchildren.</p>
<p>One couple, Bob and Carol Rogers of Longboat Key, Florida, recently built a 6,800-square-foot mountain home in North Carolina. It’s a retirement haven where they can host their growing family, and eventually, pass it on to their kids.</p>
<p>Mr. Rogers, 58, sold his commercial-contracting firm in order to purchase the home in 2008. The original cost of the 12-acre lot and house was $5 million, with an additional $1.2 million invested in improvements to the landscape.</p>
<p>“Twenty, thirty years from now, our kids can cherish it with all their kids,” he said.</p>
<p>Location plays a large role in determining the value of the home, as resort-style estates in areas with thriving tourist trades are more likely to increase in value. Estates such as these are increasingly popular with families who enjoy taking vacations together, but live in various states throughout the year. The home may be used as a holiday gathering place for widespread relatives, or used as a rental property when not in use by the owners, generating some of the income lost at the initial investment.</p>
<p>Legacy homes are typically designed to include multiple amenities that will appeal to a wide range of age groups. Architects have designed whole communities with legacy estates in mind, making the properties more like a resort than a family home. Houses may have several master bedrooms, or separate cottages or apartments adjacent to the main property.</p>
<p>Interiors may come equipped with lavish home theaters, expensive sound systems, or a projection television for families to enjoy movies and video games. Properties that are too far from the ocean may add the benefit of a swimming pool big enough for laps, a nearby hot tub, or a smaller splash pool for children. Large grassy areas may be modified into basketball or volleyball courts or shooting ranges, while farm or ranch estates are adapted to host horses, goats, cows, and other animals.</p>
<p>Seaside properties offer many opportunities for seniors to make a home their own. Owners may install boat houses, private docks, or even invest in their own private beaches.</p>
<p>Of course, once these properties have been established, owners must make steps to protect them. The Rogers’ home, for example, has been placed in a family trust that names the couple’s three children (as well as their spouses and children) as beneficiaries.</p>
<p>To find out more about protecting your assets in retirement and beyond, contact Florida estate planning attorney Ric Blackwell today.</p>

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