The Family Limited Partnership is an outstanding ENTITY, VEHICLE for providing the highest degree of law protection for family wealth. When used as part of a properly designed overall strategy, it’s an excellent ESTATE PLANNING benefits when used with an assets protection trust.
The overall structure avoid the cost and expense of PROBATE, it reduces the estate size and lowers income tax by shifting income to lower tax bracket family members. It provides an unsurpassed level of asset protection can be accomplished.
In the old days individuals seek to protect their assets they utilize an (IREVOCABLE TRUST), the problem with such method the individual will lose the control of his assets and he is under the mercy of the TRUSTEE of the IREVOCABLE TRUST.
The FAMILY LIMITED PARTNERSHIP, in addition to the assets protection it accomplish the most important need, it gives the individual the complete control of HIS/HER assets, he/she will never lose control or give up control of their assets to a third party.
The FAMILY LIMITED PARTNERSHIP can be used as a very effective Prenuptial / Postnuptial agreement that is very hard or next to impossible for a court to VOID it. It will accomplish the assurance and security of the Prenuptial / Postnuptial agreement and LAWSUIT protection.
The FAMILY LIMITED PARTNERSHIP is Your Legal Shield Against any Predator.
The FAMILY LIMITED PARTNERSHIP formation is similar to Limited Liabilities Company or Corporation, instead of having a President, share holder or manger, it has two OWNERS Called GENERAL PARTNER and LIMITED PARTNER. The most important part of the FAMILY LIMITED PARTNERSHIP is the operating agreement, a well structured agreement that will provide the protection and flexibility you need during your life time and beyond.
Under normal arrangement, The Family Limited Partnership is set up that the HUSBAND and WIFE are each General Partner and own certain percentage interest of the PARTNERSHIP, the remaining interest are in form of LIMITED PARTNERSHIP interest, owned by the HUSBAND and the WIFE directly or indirectly or any family member depending on the individuals circumstances and their objective.
After setting up the FAMILY LIMITED PARTNERSHIP (FLP), all family assets are transferred into it, including the family home, investments and business interests. When the transfers are complete, Husband and Wife no longer own a direct interest in these assets. Instead, they own a controlling interest in the FAMILY LIMITED PARTNERSHIP (FLP) and it is the FAMILY LIMITED PARTNERSHIP (FLP) which owns the assets.
To be eligible for a refund, the item must be unused, undamaged, and in its original packaging. Custom-made or personalized items may not be eligible for a refund unless they are received in a damaged or defective condition.
Joint relationships, Business partnership, living together and joint business are the most significant sources of POTENTIAL LIABILITY. Each partner is liable for any negligent acts committed by another partner. JOINT AND SEVERAL LIABILITY means that a partner is not just responsible for his share of the obligation. Instead, each partner is responsible for the entire amount. If your partner cannot or will not pay his share, you pay the whole amount. Creating an asset protection plan to insulate your assets from any potential creditor or lawsuit is the most important plan to your financial well-being.
To be eligible for a refund, the item must be unused, undamaged, and in its original packaging. Custom-made or personalized items may not be eligible for a refund unless they are received in a damaged or defective condition.
The Family Limited Partnership is a PASS THROUGH entity, there is no potential for income tax on it, (DOUBLE Taxation), and the Family Limited Partnership is not a taxpaying entity.
A partnership files an annual informational tax return reflected on the General Partners Social Security Number, it set up it is income, losses and expenses, and it does not pay taxes on its income.
The net income is passed through from the Family Limited Partnership to the individual PARTNER. Each Partner claims his share of income or loss on his own TAX RETURN.
As the parent of a child with special needs, you need to have a Will, and probably a special needs trust, you also need to have a durable power of attorney for financial affairs?.
Your Will is only effective if you die, whereas a power of attorney is effective while you are alive. If you became incapacitated due to an accident, disease or other cause, no one can handle your financial affairs.
At that point, someone would have to hire an attorney and go to court to seek guardianship of your assets, so they have the authority to act for you and continue to pay your and your family’s bills.
Power Of Attorney
Appointing an agent in a financial power of attorney avoids this costly court guardianship proceeding. Your agent can continue to manage your assets and use your funds to meet the financial needs of you and your family, including your children. In addition to your agent, you would appoint two back-up agents, in case your first agent cannot act.
This is especially important if your agent is your spouse, as you could both be incompetent as a result of the same accident. Often clients chose relatives, close friends or colleagues as agents, and it is important that you really trust your agents. Agents should have good judgment and have the financial savvy necessary to manage your affairs. Therefore, the more complex your finances, the more financially sophisticated your agents should be.
Financial powers of attorney should become effective upon your incapacity (usually as determined by two licensed doctors who confirm you are unable to handle your financial affairs). The type of power of attorney is referred to as a “springing” power of attorney, as it “springs” into effect upon your incapacity.
When you have a child with special needs, you choose to include provisions in your power of attorney that authorize your agent to make gifts or distributions to your child with special needs, you should consider how those powers should be restricted so that any gift or distribution that your agent makes to such child will not jeopardize his or her ability to apply for or continue to receive his or her government benefits.
Our estate planning attorney will help you and prepare the proper documents for your SPECIAL NEED CHILD.
Call 1800-733-1315
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FIND OUT THE DANGERS OF OWNING YOUR HOME IN JOINT TENANCY????
REALIZING THE POWER OF ESTATE PLANNING AND ASSETS PROTECTIONS
EVERY ONE SHOULD PROTECT THEIR ASSETS FROM CIVIL LIABILITIES, DIVORCE, GETTING MARRIED AND OR GETTING REMARRIED. LEARN HOW TO PROTECT YOUR ASSETS NOW.
DEMANDING PROTECTION WITH THE FAMILY LIMITED PARTNERSHIP
As a new generation is approaching their senior years, they are now facing a new challenge. They are turning 50 and their outlook on life has once again created a market anomaly, the desire for ESTATE PLANNING.
Now is the time for all Americans to give their families the benefits of security, greater opportunity for accumulation and provide tax reduction strategies that improve the bottom line.
This generation has also watched their peers "crash and burn" as they were caught in corporate downsizing, divorce actions that destroyed families and wealth, financial crunches and civil litigation.
We live in an age so proliferated by lawsuits, (PREDATORY LITIGATION), where personal wealth is gutted by incredible civil actions of greedy litigants. Possibly, we are looking at the most vulnerable and victimized population ever.... and it will not get any better!
I am sure there are numerous other concerns, but they mostly boil down to one key element, SECURITY.
In a volatile and unforgiving society, WE DO NOT WANT TO BECOME THE NEXT VICTIMS. We are far more demanding than any generation has ever been.
The common belief is that, "ACCUMULATION IS THE KEY!". In other words, if you can save enough money during your earning years, you will be "SECURE". This is the confession of your advisors.
Well, Accumulation is not the "KEY" all it takes is an adverse tax structure to turn your mountain of ASSETS into a molehill. Consider further that a CIVIL LIABILITY can strip away in virtually moments, the RESOURCES that took you a lifetime to create.
DIVORCE rates are up to 60%. You have a one in ten chance of being sued, and one third of all Americans either has had or currently has an IRS problem. One million people go bankrupt every year. Over one million people go broke every year due to long-term illness and apply to Medicaid.
There are over 20 million state and federal lawsuits filed every year. Attorneys earn over $30 Billion in legal fees in civil lawsuit charges. Court’s award over $300 billion on civil judgments each year.
So what good is simple Accumulation plan? Yet the typical advisor/financial planner who prepares your "GOALS and NEEDS ANALYSIS" only considers and proposes an Accumulation plan.
On the contrary, Americans are ASKING FOR, LOOKING FOR AND FINALLY DEMANDING ASSET PROTECTION.
I am more concerned about the, RETURN OF MY MONEY... Than I am about the RETURN ON MY MONEY
Therefore, there is a more pressing need for those who know how to grow their money. They also MUST include strategies to safeguard those assets from any UN-WELCOME INVASION.
Every family should first and foremost DEMAND AN ESTATE PLAN that will provide them with protection from,
1. CIVIL LIABILITIES THAT YOU MAY FACE.
2. THE TAX IMPACT OF YOUR FUTURE ESTATE - TAX PLAN
It would be very wise and prudent for you to consider an ESTATE PLAN that provides you with the PROTECTION YOU DESPERATELY NEED now and after your demise. This does not mean a plan such as a Will or Joint Tenancy of your assets. A Will and Joint Tenancy can only be called an estate plan if you include the word "BAD" in the phrase.
Is a concrete foundation a house? Is a set of tires and steering wheel a car? Is a puddle of water, an ocean? "NO" You should respond and realize that these items are only part of the greater program. Well, as good as your attorney may be, he/she only supplies one part of a true estate plan... documents. Is your life insurance or annuities an estate plan? NO, these are elements of planning, but they are not estate planning! Is your highly refined portfolio of stocks or bonds an estate plan? NO, they are good but still just a shadow of what estate planning involves!!
An Estate Plan is a "ROAD MAP" that will guide you to your desired destination, avoiding pitfalls and providing direction until your journey's end.
Our Estate Planning/Paralegal Team are experts in their field and have been serving clients for at least 10 years and some of them much longer, The team is trained by, as well as, work under the direct supervision of our on staff Estate Planning attorney's.
The team is continuously trained and educated on new laws and changes in the existing laws. Certain information needs to be obtained from the clients in order to adhere to the new laws.
Our team is qualified to gather the necessary information from you in order for the staff attorney's to create a plan that fits your individual needs and help you turn your financial journey into a certainty instead of a mystery.
When you should plan your estate? The ideal time to create an assets protection plan is before there are any potential creditors, before you need it.
Find Out;
1. How Asset Protection can legally protect your home, savings and business from type of lawsuit, judgment or claim;
2. How Asset Protection can keep you from ever getting sued
3. Why property owners are sitting ducks for lawsuits
4. Why a living Trust will not protect your property from lawsuit
5. How to keep all of your assets completely confidential
6. Why you should never be a joint-tenant
7. When it is illegal to transfer your property
Protect Assets With A Family Limited Partnership or An L.L.C.
A Family limited Partnership or an L.L.C will provide you with four significant advantages which cannot be obtained through any other vehicle.
1. Discourages Lawsuits.
Assets which are protected in a family limited partnership cannot be SEIZED by a judgment creditor.
2. Saves Income Taxes.
3. Saves Estate Taxes.
4. Protection Of Assets.
The most valuable feature of the Family Limited Partnership or an L.L.C. is the ability to protect and shield assets from potential claims. The law is well established that a creditor of a partner is not permitted to seize assets of the partnership to satisfy the debt.
That means the family home, savings, checking and investments can be safely insulated from potential liabilities.
The Family Limited Partnership or an L.L.C, is the proper method for owning and holding valuable assets for anyone who has any possible lawsuit or liability exposure.
Call us now and find out more at: 1 800-733-1315