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Estate Planning Mistakes and Failures
Estate Freezing Techniques
Health Care Directives and Why You Should Have One
Succession Planning: Why it is Important for Small Business Owners
Planning Ideas for the Highly Compensated. Part 1: Non-Qualified Deferred Compensation Plans – The Basics

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The next Hot Insurance product ...Or Not????
Don't let the tail wag the dog: Taxes are not the only reason to have an estate plan
Why a buy-sell agreement should be funded with life insurance
Happy families caring for each other: It is about more than your aging parents
Estate Planning for All Ages and Stages

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Planning Ideas for the Highly Compensated. Part 1: Non-Qualified Deferred Compensation Plans – The Basics

A Non-Qualified Deferred Compensation (NQDC) Plan typically is an unfunded and unsecured promise by an employer to pay compensation to one or more of its employees in the future (usually beginning at retirement). The plan is “non-qualified” because it does not meet the requirements of IRC sections 401 to 417 (participation, vesting discrimination, etc) that are satisfied by a qualified pension or profit-sharing plan. 

Under a NQDC plan, the employees may voluntarily elect to defer a part of their compensation, or the employer may defer “extra” compensation, or both the employee and employer may make contributions that will lead to distributions to the employee  at some specified future date.

Estate Tax Changes Under Obama’s Budget

Last week, we took a look at President Obama’s proposal for the 2013 budget and its implications for small businesses. Today, we will examine Estate Tax changes the new budget may have in store for us.

The first and possibly most important change in the Estate Tax is the return to 2009’s tax rates. Currently, the estate tax exemption is $5 million. Anything over that amount in your estate would be taxed at  a 35% rate federally. Going back to the 2009 parameters, the exemption would decrease to $3.

Happy National Estate Planning Week!

It is National Estate Planning Week!  (ok so we had to declare it for ourselves!)  What is estate planning and what are the basics you ask?  Why is it important?   
 
Estate planning is a process utilizing the advice of trusted advisers to assist you with decisions about how to protect and distribute your assets(including your business if you own one) when you pass away, who should pay your bills and take care of your monetary affairs for you in the event that you are living but unable to take care of them yourself,  and also who should make medical decisions for you based upon your wishes in the event that you are injured but cannot communicate your desires clearly.

Why do you do It? Insight in our firm....

I have been blogging about business law and estate planning issues for a few months now and one client asked me " I love your posts but why do you do it?  Why do you get out of bed and do this work everyday?"  I realized that I have not told my story to too  many people so here it is...
 
I am the daughter of an entrepreneur/business owner who, while he may not have known it at the time, taught me so much about business and I have always wanted to do something with  what I have learned from him.

Why a buy-sell agreement should be funded with life insurance

 A formal buy sell agreement is between owners of a business to determine how the ownership of the business shall be disposed of upon the death or other circumstances of exit  of one of the owners.  The owners commonly use life insurance to fund the value. With two business owners, a cross purchase plan is the preferred method of ownership of the life insurance. This is where partner A owns a policy the life of on Partner B and vice versa.  These policies are individually owned, and can be paid for from company money.

Don't let the tail wag the dog: Taxes are not the only reason to have an estate plan

Most Americans are not in a situation of worrying about paying estate taxes upon their passing.  In Minnesota you can pass your heirs, charities and special loved ones up to 1 Million dollars before ever having to pay estate taxes. The IRS allows you to pass up to another 4 Million dollars upon your death before worrying about being taxed at the Federal level.  many people ask me with a smirk on their face- "Why do I need to bother with a will or estate plan?  - I will never have to pay taxes".

Tax Advantages of Life Insurance - Make sure you accomplish your goals.

Life insurance should be viewed as a financial planning product the same as a municipal bond, taxable bond or even mutual fund.  Life insurance offers tax deferred growth, tax free distributions and an income tax free death benefit.  The income tax advantages offered by use of life insurance should be part of every financial plan.
 
However many pitfalls arise when an insurance professional presents a "product" to the consumer.The most important aspect of any insurance product are the internal fees charged by the carrier.
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