Month: January 2024

  • Small Business Impacted By CTA

    Small business in Minnesota are impacted by the Corporate Transparency Act (the “CTA”). If you are unaware of this new set of rules, it was enacted by Congress as part of its on-going effort to combat terrorism, organized crime, and money-laundering. 

    As distant as these issues might appear, this new rule set impacts small and large biz. For businesses owned by military veterans, this new rule impacts them too. Whether the business is domiciled in Minnesota or otherwise, this rule demands planning from business owners.

    Corporate Transparency Act Requirements

    The CTA requires certain entities (called “reporting companies”) to report information about the companies themselves,. Their beneficial owners and company applicants (the persons who signed the formation documents for the entity) are impacted.  As a sidebar, this will further increase proxy agents and the fees they charge.

    Back on point, this rule set is so overly broad, that it impacts big and small companies. This includes mom and pop shops. I share your frustration. Nonetheless, it is vital to understand that failing to meet CTA requirements may result in severe penalties. This can be planned for and avoided. But, failing to accurately and timely filing their required reports may initiate audits and other efforts.

    Business owners can file reports online using the system created by Financial Crimes Enforcement Network (“FinCEN”). FinCEN is a department of the United States Treasury.

    Reporting Deadlines for the CTA

    The first issue is determining when the entity or business was created. The CTA looks at whether the small business or large business started on or before December 31, 2023. Reporting for these entities are delayed until January 1, 2025.

    However, entities formed on or after January 1, 2024 are subject to these rules. In other words, the Corporate Transparency Act requires “new” businesses to report under a tighter deadline.  Under a revised rule issued November 29, 2023, FinCEN extended the deadline for entities created in 2024 ONLY to no later than 90 days after the entity is formed, instead of the original 30 days. 

    For new entities created on or after January 1, 2025, the reporting deadline will be no later than 30 days after the entity is formed. 

    Even with an extension in 2024, this may be a very short time to gather all the required information. So, it will be important for those who are forming entities beginning in 2024 to start gathering required information. Ideally, gathering information before the entity is created.  

    While it is acknowledged that several professional organizations have petitioned Congress to delay implementation of the CTA, business owners should not defer preparation for the CTA, banking on a delay being granted.

  • Homestead: An Asset Protection Tool

    Homestead: An Asset Protection Tool

    Homestead limits can be an asset protection tool, as it can protect homeowners from liability and creditors. There are far better estate planning tools to protect assets. But, sometimes we need to slow down and review the basics.

    I call homesteading a basic tool because it was created by statute and generally with limited effort. For those new to asset protection, homestead exemption limits refers to the restrictions imposed on the size and value of property that can qualify for this rule.

    The concept is rooted in the idea of providing a certain level of protection for a family’s primary residence, known as the homestead, from financial challenges. That said, every state has a different rule and limit.

    Homesteading Limits are Jurisdiction Specific

    In many jurisdictions, there are specific limits on the acreage and assessed value of a property to be eligible for homestead exemption. These limits vary widely depending on local laws and regulations. For this reason, a trust can offer far more advantages.

    Nonetheless, limits can vary widely, and it’s crucial for homeowners to be aware of the applicable rules in their jurisdiction.

    Best States for Homesteading Limits

    Some of the stronger states with the highest homesteading exemptions include:

    Worst States for Homesteading Limits

    Some of the weaker state limits include the following:

    Asset Protection Tools Versus A Homestead Designation

    Like I mentioned earlier, there are many estate planning tools that can help families protect their assets above and beyond a homestead limit.

    Asset protection tools are crucial for safeguarding wealth and minimizing financial risks. Diverse strategies and instruments exist to shield assets from potential threats such as lawsuits, creditors, and economic downturns.

    Trusts, including revocable and irrevocable trusts, offer a flexible means to manage and protect assets. Limited liability entities like LLCs and corporations provide a legal barrier, shielding personal assets from business liabilities.

    Also, insurance policies, including life, umbrella, and liability insurance, play a vital role in risk mitigation. Understanding and strategically employing these asset protection tools is essential for

  • Nursing Home TV and the NFL Blunder

    Every nursing home TV will be turned to the NFL playoff games scheduled in the near future. Unfortunately, the NFL has failed our Seniors and Care Providers by moving their games onto a paid subscription app.

    Even if you are not watching the next playoff game from an assisted care facility, put yourself in your grandparents shoes for a brief moment.

    Smart TVs, with their advanced features and interactive capabilities, have become a staple in modern households. However, for the elderly, adapting to these technologically sophisticated devices can pose a significant challenge. The very features that make smart TVs appealing to younger generations can make them difficult for the elderly to navigate and utilize effectively.

    Of course, those making decisions on behalf of an elderly person are doing their best. But, failing to assist your loved one with their television is becoming an increasing problem.

    The Complexities of the Nursing Home Dynamic

    One of the primary issues is the complexity of the user interface. Smart TVs often come with intricate menus, numerous options, and a variety of apps, which may overwhelm elderly users who may not be familiar with modern technology.

    The small fonts and icons on the screen can also be challenging for those with visual impairments, even if the TV boasts high resolution. If you want to experience this issue firsthand, try picking up your nephew’s Nintendo Switch.

    Anyways, navigating through television interfaces, downloading an app carrying an NFL football game, paying for a subscription, and being ready for the kickoff is getting ridiculously complicated for our elderly. Even worse, using a remote control or a smart TV keyboard can be cumbersome for seniors, especially those who are not accustomed to using such devices.

    More Television Hurdles for our Elderly

    Another hurdle is the constant need for software updates and the potential for changes in the user interface. While updates are essential for improving functionality and security, they can create confusion for older users who may struggle to adapt to new layouts or features.

    Crud, what about nursing homes located in rural areas with bad internet service? The need for internet connectivity to access various smart TV functionalities may be a barrier for elderly individuals who are not comfortable with or do not have reliable internet access. Never mind those that have access and need help updating ports, extenders, and everything else that goes with it.

    Streaming Services for our Elderly

    The plethora of streaming services and apps available on smart TVs can be overwhelming. Nursing home TV sets are no different. Elderly families grew up with 2-5 channels at most. A young person in their teens or even their thirties sent to help grandpa or grandma might not recognize this. I am telling you right now, the stress of watching a football game is becoming unbearable for your loved one.

    While these services offer a vast array of entertainment options, understanding how to subscribe is hard. You need a credit card. You need functionality of your hands and remote. These two elements are not easy for the elderly.

    Now, include navigating the television and switching between HDMI 1 and HDMI 2, and you might as well forget it. Wait, did we fail to mention a username, email address, and password too?

    Voice Recognition for Nursing Home TV

    The integration of voice recognition technology on a nursing home TV doesn’t help either. A common feature in smart TVs, is meant to enhance user experience. However, for the elderly, using voice commands may not be intuitive or may require a learning curve. Accents, speech impediments, or simply unfamiliarity with the technology can lead to frustration when attempting to control the TV verbally.

    To address these challenges, manufacturers and designers need to prioritize user-friendly interfaces with larger fonts, simplified navigation menus, and intuitive controls. Offering comprehensive tutorials and ongoing technical support can empower older users to confidently use and enjoy their smart TVs.

    Further, making updates more seamless and providing options for offline use can enhance accessibility for those with limited internet connectivity.

    It is my opinion that smart TVs and their manufactures must aim to bridge the generational technology gap and ensure that the benefits of these devices are accessible to users of all ages.

  • Power of Attorney Is Dangerously Powerful

    Power of Attorney Is Dangerously Powerful

    A power of attorney in Minnesota is the process of using a piece of paper to grant another person powers. These powers are significant.

    Families use a power of attorney form as a supplement to other estate planning documents, like a revocable trust, to provide for and manage life when things go wrong or as life changes.

    When Do the Powers Start?

    There are two different times when POA documents can start. The first is immediately and the second is in the future. Being able to pick when you want a Power of Attorney form to start is an important ability.

    Of course, whenever families are given choices, it can be difficult to decide which is best. In my experience, a person already knows. In other words, ask whether you trust the person you are considering as an attorney-in-fact. Then, review their personal attributes and tendencies.

    Advantages of an Immediate Power

    The immediate activation of a power of attorney provides swift and seamless delegation of authority. Also, it offers a crucial advantages in various scenarios.

    This proactive approach ensures a smooth transition of decision-making power, especially in situations where prompt action is essential.

    For instance, in the event of a sudden illness, business transaction, or travel, having the power of attorney take effect immediately allows the appointed agent to act promptly on the principal’s behalf, addressing urgent matters without delay.

    Further, this immediate activation proves beneficial in financial and legal matters. This enables timely execution of contracts, property transactions, and other time-sensitive affairs.

    Also, It simplifies administrative processes and eliminates potential delays. An action that is contingent on a triggering event is sometimes far to cumbersome.

    Overall, the immediate start of a power of attorney streamlines decision-making, promoting efficiency and responsiveness to the principal’s needs.

    Springing Powers for a Power of Attorney

    Now, sometimes families formalizing their estate planning documents want a delay. This is called a springing power.

    A springing power of attorney offers several distinct advantages, providing a flexible and safeguarded approach to managing one’s affairs.

    Unlike a regular power of attorney that takes effect immediately upon execution, a springing power of attorney “springs” into action only under specific conditions outlined by the principal.

    This delayed activation allows individuals to retain control over their affairs. For some, there are tax reasons why this is important. For others, waiting until a triggering event, such as incapacitation or illness, just makes sense.

    One primary advantage is the preservation of autonomy. With a springing power of attorney, individuals maintain decision-making authority over their financial, legal, and healthcare matters until they are unable or unwilling to handle them. This feature is particularly valuable for those concerned about potential abuse or misuse of power.

    Additionally, the springing power of attorney enhances privacy by ensuring that the appointed agent steps in only when necessary. This prevents unnecessary intrusion into the principal’s affairs during periods of competence and independence.

    Moreover, the springing mechanism provides a built-in safety net. It addresses the risk of premature activation by requiring a clear demonstration of the specified triggering event.

    The demonstration of an event is usually documented through the certification of a professional, like a medical doctor.

    The Magic Behind a Power of Attorney

    Every family and situation is different. Discover the secrets and benefits of the Power of Attorney by reviewing your goals and obtaining an unbiased opinion on timing. A durable POA might be the key to an empowered decision that can occur in the present.

    So, unlock the potential that an intentionally crafted document holds for your life’s journey. Your future self will thank you.

  • Best Times For An Estate Sale

    Best Times For An Estate Sale

    The best time for an estate sale is after it is approved by a court administrator. Even better is when an estate sale is granted as a probate avoidance technique under a trust document. Choosing the optimal time to host an event to rid you of a family member’s personal property is hard.

    Luckily, there are opportunities to maximize your success. For some., this means utilizing Facebook Marketplace. For those who are new to this, maybe timing is more important.

    Again, assuming a court or trust document has already granted a family authority to begin an estate sale, several factors come into play when determining the best time.

    Factors to Consider

    One key aspect to consider is the season. Late spring and early fall are generally considered the ideal seasons for estate sales. During these times, the weather is often milder, encouraging more people to venture out and attend sales. Additionally, individuals tend to be more active in decluttering and refreshing their homes during these transitional seasons, making it an opportune time for selling.

    Weekends are typically preferred over weekdays for estate sales. Saturday is popular because it allows potential buyers to allocate more time to explore the sale without the constraints of work obligations. Sunday can also be a viable option, although some people may have religious or family commitments.

    If possible, schedule the estate sale around other garage sale events. One of my favorite events all year long is Woodbury’s Lion’s Garage Sale. Of course, most estate administrations needs are without notice, but you get the point.

    Also, avoid scheduling the event during major holidays or local events that could divert potential buyers’ attention elsewhere. Holidays often mean people are engaged in family gatherings or other activities, reducing the likelihood of attendance. Additionally, checking the local calendar for community events, festivals, or large-scale activities is essential.

    Again, the best time to have an estate sale is typically during the spring or fall, on a weekend, preferably a Saturday, avoiding major holidays or local events. Being mindful of the local market conditions and economic factors will also contribute to a successful administration of your loved one’s property.

  • Federal Gift Tax Exemption

    Federal Gift Tax Exemption

    Presently, the federal gift tax exemption is $13,610,000 per person or $27,220,000 for a married couple. This is scheduled to decrease on January 1, 2026, to about $7 million per person or $14 million for a married couple.

    This means there is a significant planning opportunity to use the current high exemption amount. This is important because many parties which to avoid paying an estate or gift tax of 40% on the transfer.  This planning opportunity will disappear after 2025 (unless Congress acts to change the law). 

    It is possible to create trusts that will ultimately benefit your chosen beneficiaries in a manner that is tax efficient. The idea is to protect them from future problems. for example, creditors and divorce. A trust allows for flexibility for the future.

    Tax Avoidance Techniques

    Estate tax avoidance involves employing legal strategies to minimize the impact of estate taxes on an individual’s wealth transfer to heirs upon death. Taking gift tax exemptions into account, various techniques exist to mitigate the estate tax burden. This ensures that a substantial portion of an individual’s assets passes on to beneficiaries.

    One commonly used approach is establishing a revocable living trust. This allows an individual to maintain control over their assets during their lifetime. Also, this helps avoid probate and potentially reducing the taxable estate. Tax avoidance techniques requires an analysis of gifting opportunities, which can be managed through a trust.

    Lifetime gifting is another effective technique, enabling individuals to transfer assets to heirs before death, thereby utilizing the annual gift tax exclusion and reducing the taxable estate.

    Utilizing the marital deduction is a fundamental method for married couples, allowing the unlimited transfer of assets between spouses without incurring estate taxes. Charitable giving also plays a role in estate tax planning, as donations to qualified charitable organizations may reduce the taxable estate while benefiting the community.

    Plan For Gift Taxes

    Single persons and families with an interest in using their current high estate and gift tax exemption amount must start their planning process, before this opportunity is taken away by Uncle Sam.

    This law office anticipates the rush for such estate planning will be quite high. As a result, consider this process before it is to late.

  • New Non Compete Laws in Minnesota

    A non compete agreement in Minnesota recently took on a new look. Recently, Minnesota adopted a new law. The law for covenants not to compete clearly says such agreements are void and unenforceable. Unfortunately, the statute has a massive number of conditions, assumptions, and loop holes.

    In other words, the new laws surrounding non-compete agreements don’t necessarily help workers in every situation.

    New Law for Covenants Not to Compete

    Minnesota’s new law is found under Minn. Stat. 181.988. The statute clearly says covenants not to compete are void and unenforceable. However, there are all kinds of problems with the rule.

    First, the new rule appears to apply to agreements made after July 1, 2023. That said, this law office anticipates lots of litigation concerning the effective date of the rule and whether agreements before July 1 of 2023 are impacted.

    That said, Minnesota is already seeing courts review non compete agreements under the new law. For example, see Cookie Dough Bliss Franchising, LLC v. Feed Your Soul Minn., LLC.

    Second. the law has a bunch of exceptions where Minnesota’s new rule doesn’t apply. This includes:

    • Trade Secrets
    • Confidential Information
    • Non Solicitation
    • Client Contacts
    • Customers

    In other words, there is a strong chance that employers will find ways to downgrade the law by intersecting customer lists with written agreements. In all likelihood, this will cause litigation problems in the future too.

    Now, the biggest kicker of them all is the fact the rule supports attorney fees. Statutes that make reference to attorney fees is a deterrent to others with lesser claims. In other words, those with weak cases are less likely to push the limits.

    Interestingly enough though, the clause in favor of attorney fees is one sided and favors the employee. So, employers seeking injunctive relief are going to be forced to make very difficult decisions.

  • Multiple Trustees Acting At Once

    Multiple Trustees Acting At Once

    Having multiple trustees named in a trust document can offer several advantages. However, it also comes with its own set of challenges. Here, I will explore the pros and cons of having more than one trustee acting simultaneously.

    Pros:

    1. Diverse Expertise: Having more than one trustee can bring a variety of skills and expertise to the management of the trust. This can be especially beneficial if the trust involves complex financial or legal matters, as each fiduciary may have a unique perspective and knowledge base.
    2. Checks and Balances: Having more than one trustee provides a system of checks and balances. This helps prevent the abuse of power or decision-making by a single individual, reducing the risk of fraud or unethical behavior.
    3. Continuity: In the event that one trustee becomes incapacitated, resigns, or passes away, having multiple trustees ensures continuity in trust management. This is particularly important for long-term trusts that span several generations.
    4. Reduced Burden: Mandated duties can be demanding and time-consuming. Distributing responsibilities among multiple trustees can lighten the workload for each individual, making it more manageable and reducing the risk of burnout.
    5. Consensus Decision-Making: Having more than one trustee encourages a collaborative approach to decision-making. This can lead to more thoughtful and well-rounded choices as trustees must come to a consensus, taking into account various perspectives.

    Cons:

    1. Communication Challenges: Coordinating decisions among multiple trustees can be challenging. Differences in opinions, communication styles, or conflicting schedules may lead to delays in decision-making, potentially impacting the efficiency of the trust management. Take into consideration the challenges of adding an Attorney in Fact, and communication challenges can really get out of hand.
    2. Conflict of Interest: With more than one person or corporation making decisions, there is a higher likelihood of conflicts of interest arising. Each party may have their own personal or financial interests, leading to disagreements over trust management decisions.
    3. Complex Administration: The administration of a trust can become more complex with multiple trustees, especially if they are located in different geographic areas. Coordinating meetings, managing paperwork, and ensuring compliance may become more intricate.
    4. Costs: Having more than one trustee may lead to higher administrative costs. Each fiduciar may be entitled to compensation for their services, increasing the overall expenses associated with trust management.
    5. Decision Deadlocks: Disagreements among trustees can lead to decision deadlocks, where the inability to reach a consensus hinders the progress of important trust matters. This can create frustration and may require legal intervention to resolve.

    While having more than one trustee can offer benefits such as diverse expertise and checks and balances, it also introduces challenges like communication issues and conflicts of interest. Careful consideration of the specific circumstances and goals of the trust is essential when deciding whether to appoint multiple trustees.

  • Accessing Facebook For Deceased Family

    Accessing Facebook For Deceased Family

    Accessing Facebook for deceased family members can be critical for the estate planning process. Of course, after a family member dies, we want to connect with everyone who was their friend or family. For this, Facebook can be very important.

    That said, consider everything else, like photos, birthdates, and important dates. When our family members die, their digital assets need unlocking.

    In the digital age, our online presence has become an integral part of our identity. Social media platforms, such as Facebook, play a significant role in connecting people, sharing memories, and preserving a digital legacy. However, when a loved one passes away, accessing their Facebook account to manage or memorialize it can present unique challenges.

    In this article, I will explore the steps and considerations for accessing Facebook on behalf of a deceased family member.

    Facebook’s Memorialization Feature

    Every social platform comes with a set of challenges. Facebook claims they recognizes the delicate nature of dealing with a deceased user’s account and has introduced a memorialization feature. Their memorial tool allows family members and friends to request the memorialization of a deceased person’s account. Once memorialized, the account serves as a place for friends to share memories, but no one can log in or make changes to the account.

    Accessing Facebook for deceased family members is frustrating. Without taking into consideration specific digital asset laws, a personal representative or trustee can also ask for help during the probate process. When time is of the essence, probate isn’t always the best first step.

    Requesting Memorialization

    To initiate the memorialization process on Facebook, consider these steps:

    1. Verification of Relationship:
      • Facebook requires verification of the requester’s relationship to the deceased. This can be done by providing the deceased person’s obituary, a link to an online memorial, or other documentation.
      • Do not go crazy with your verification. Sending a copy of an entire trust document is never recommended. More so, dates of birth and social security numbers must be protected.
    2. Submit a Request:
      • Use Facebook’s online form to submit a request for memorialization. The form includes details such as the deceased person’s name, account URL, and the relationship to the requester.
    3. Provide Proof of Death:
      • Facebook requires proof of the person’s passing, usually in the form of an obituary.
      • Likely, the idea of accessing Facebook for deceased family members is in preparation of a funeral. Facebook is not your friend and you should never freely send off an official document like a Death Certificate.
    4. Await Confirmation:
      • Facebook reviews the submitted information and, upon approval, memorializes the account. The requester will receive a confirmation email once this process is complete.

    Legacy Contacts

    In addition to memorialization, Facebook says they grant users an opportunity to appoint a “legacy contact” before their passing. A legacy contact is someone designated to manage the memorialized account, post information, and respond to friend requests.

    Unfortunately, this usually goes bad when the legacy contact doesn’t align with certain estate planning documents.

    Conclusion

    Accessing Facebook for deceased family members requires a delicate balance of law, respect, adherence to platform policies, and a careful approach to preserving a digital legacy.

    By following the memorialization process and considering the legacy contact option, you can navigate this challenging task with sensitivity and honor the memory of your loved one in the digital realm. If you cannot, perhaps that is a signal for additional support.