The Counselor Blog
The Gift of Estate Planning
I was speaking to a couple of groups this week on the topic of “Why You Need an Estate Plan.” There are many reasons that could be given as the rationale for engaging in estate planning. Maybe you are interested in preserving family harmony; you have seen the discord that can be sown among children when no plan exists or a poor plan is implemented and want to avoid it. Maybe you would like to see a gift to your favorite Charity as a way of giving back.
Business and Estate Planning for the Family Farm – The Special Use Valuation
When engaging in business planning or estate planning for the family farm one of the issues that should be considered is the impact of the planning on the availability of what is called the “special use valuation” under Section 2032A of the internal revenue code. There is currently a $5.25M per person estate tax exemption and that is scheduled to increase to $5.34M on January 1. The special use valuation is an alternate valuation method available to farms allowing real property to be valued based upon its actual use as opposed to the normal “highest and best” use.
Problems and Solutions
I was honored to be one of the presenters at the Salt Lake Estate Planning Council’s Fall Institute on Thursday. I had a chance to teach other planners about the tools and techniques that can be used when planning for legacy assets, like a family cabin or a family farm. In attending one of the other presentations during the day, I was struck by this comment from Alan Gassman and attributed to Bob Burke:
Business Succession Planning – Some Assembly Required
The great Olympian Jesse Owens once said: "We all have dreams, in order to make dreams come into reality, it takes an awful lot of determination, dedication, self-discipline and effort.“ I spent the day Wednesday meeting with farmers and ranchers from various parts of Southeast Idaho talking about succession planning. I am sure many felt overwhelmed at the prospects of starting to plan for the transition of the farm or ranch. But, like I always tell my kids, great things happen when you show-up in life and they showed-up. They were ready to start or continue the process of succession planning; and it is a PROCESS! It is not something you can finish in an afternoon. We all have unique situations, but with some effort and some grit, succession planning for a farm or ranch can be done successfully! At some point the transition will happen – whether by retirement, death, disability or some other cause. Will you be ready?
Farm Programs and Entity Choice
As I sit here writing this post; the United States government is re-opening after a lengthy shutdown. One item that has been somewhat lost in the recent craziness is the expiration of the 2008 Farm Bill on October 1. What comes next is still very much up in the air. It is almost certain that if a new Farm Bill can be passed there will be changes to the various farm programs. With that in mind, it is a good time to be reminded that if you benefit from one of these programs, the requirements should be reviewed when forming a farm business entity. Failure to do so could significantly impact the amount of benefits available.
Farm and Ranch Planning – Getting Everyone on the Bus
In his popular book Good to Great, author Jim Collins teaches that in business you have to have the right people on the bus and in the right seats – or in other words, you have to have the right people as employees and then have them doing the right jobs. A similar idea is important in planning for the transition of the family farm or ranch. We have to have all of the right people involved in the process and they have to be doing the right things for it to work. One way this manifests itself is with the need to figure out who actually owns “the farm.” A situation con commonly exists where the “Farmer” who his looking to transition the farm to his or her child, is still waiting to inherit some, or all, of the farm ground or other assets from his or her parents.
Value Based Planning and Unintended Consequences
This week I am attending the LDS Philanthropies National Planned Giving Council's annual seminar. We have heard quite a bit about value based planning and unintended consequences. The idea, as I understand it anyway, is to plan our estates in ways that incorporate our true values into the plan and the unintended consequences if we do not. If we believe in the importance of self reliance, why would we want to have an estate plan that creates a disincentive for our heirs to work? If we believe in helping the poor and the needy, does our plan reflect this value?
Harvest Time
I was recently speaking with some folks from up in Grace, Idaho and they are deep into the Spud harvest. All across this great country as summer turns to fall; farmers are reaping the fruits of their labors. While many of our nation’s farmers will be successful at bringing in a bountiful harvest, the statistics indicate that same success does not exist in transferring the family farm to the next generation. Approximately 96% of the farms in America are classified as family farms. However, only about 30% of those farms will transfer successfully to the next generation and less than 10% of those will make it to the third generation.
The Problem of Time
One of the challenges each of us must overcome in estate planning or business succession planning is the problem of time. The problem with time is there is only so much of it. There is inevitability with time that cannot be escaped. Life will end. Our time leading a business will conclude. Yet, in our daily walk it can feel as if that day will definitely not be today or even tomorrow. Therefore, we put off to another day planning for that inevitability; betting that we will have more time.
My Trip to the Tetons – A Beneficiary of Charity
One of the definitions of “charitable” is: “full of love and generosity.” Philanthropy can be defined as: “The effort or inclination to increase the well-being of humankind.” I am a firm believer in the benefits of philanthropy and charitable giving, not just to society as a whole, but to the giver in particular. We are taught by Peter in the New Testament: “And above all things have fervent charity among yourselves; for charity shall cover a multitude of sins.” (King James Version, 1 Peter 4:8).
Selling Your Business – The Deal Killers
In planning for the sale of your business, there are generally several options that exist for a business owner: a family member, a key employee, another owner, a third-party, or liquidation of assets. Each of these potential buyers comes with its own set of issues. In negotiating the sale to a third party, the business owner needs to be aware of these common deal killers that can ruin a potential sale.
Estate Planning and Business Succession Planning – Two Keys to Success
“The miracle isn't that I finished. The miracle is that I had the courage to start.”― John Bingham, No Need for Speed: A Beginner's Guide to the Joy of RunningI like to run. I do not run well. In fact, it may even be a stretch to refer to what I do as running. Maybe “lumbering” would be a better description. But, I put on running shoes and running clothes and I have been permitted to register for races – so for lack of a better term we can call it running. With running I have noticed two distinct challenges.
“WHILE WE’RE YOUNG!” – Ten Reasons Not to Procrastinate Your Estate Planning or Business Succession Planning
“Good habits formed at youth make all the difference. “ - AristotleHave you seen the United States Golf Association’s recent advertising campaign to speed up play? The ads depict various famous golfers including Arnold Palmer and Tiger Woods in situations where slow play is being admonished by someone exclaiming: “While we’re young!”
Will or Living Trust – Which One is for You?
Often there is confusion as to just what a Will or a Living Trust does. In today’s post I thought it would be helpful to review briefly the differences between these two planning documents.