An Estate Planning Attorney in Tampa Discusses Estate Planning for Business Owners

Author

Mortellaro Law Firm

For more information about the author, click to view their website: Mortellaro Law Firm

Posted on

Jul 26, 2024

Book/Edition

Florida - Sarasota, Bradenton & Charlotte Counties

share-this
Share This

Estate planning looks different for every individual because so many elements are unique to the person. This is especially true when estate planning for business owners. Your type of business and its structure are only the beginning when determining how to protect your company’s future and assets. An Estate Planning Attorney in Tampa from Mortellaro Law discusses estate planning for business owners and some key things you need now. 

Create a Financial Power of Attorney

Estate planning for business owners focuses on much the same concerns as estate planning for individuals. The unexpected looms large, and you need to enact measures to prepare for any eventuality. A Financial Power of Attorney is vitally important for Florida business owners. This legal document appoints a trusted individual to handle your financial concerns if you are incapacitated or die suddenly. 

Accidents, unexpected heath reversals, coma, dementia, and more can impair your ability to reason and make decisions. Your company’s unique financial system demands a wise and experienced person to handle the transition when something happens to you. An attorney or other third party is often a great choice; they can be neutral and act as you would in the business’s best interests. 

Create and Regularly Update a Living Trust | Estate Planning Attorney

Business owners can own numerous assets that are vital to the company’s operation. In fact, their absence may mean the failure of the business. A Living Trust can protect these assets and provide instructions for their disposition so the business can continue even after something happens to you. Keeping this vital document up-to-date is also critical, as circumstances can change often. 

A Living Trust is a legal document where you can name an individual or entity as the Trustee to manage the trust assets on behalf of your business. The assets are in the hands of a trusted person and can only be used to benefit the business. You can include instructions for selling them, investing them, or other directives as you choose. Sole proprietors especially need this legal protection because they are essentially the business. You want to protect any assets that are critical to your business operations. 

Create a Succession Plan

A succession plan is a strategic blueprint for the seamless transition of your business management, ownership, and operations to successors or future generations. This vital aspect of business estate planning facilitates the smooth transition of your company to ensure its continued existence in a way that adheres to your original values and mission. Without a succession plan in place, battles for control and the company’s assets are likely to ensure and destroy your legacy. 

Your succession plan spells out in advance who you trust to handle the business when you pass away or become unable to run it yourself. Larger businesses especially want to have this plan in place to reassure investors or other stakeholders that the company will continue on as before and that their investments are safe. 

Meet with a Business Estate Planning Attorney in Tampa 

There are other aspects of business estate planning that you need to consider, and a Business Estate Planning Attorney in Tampa can help you review your needs and create measures to protect your assets and legacy. At Mortellaro Law, we know business owners are busy people with full schedules. We can handle the details and legwork to help you protect your business and future while you work to grow your success. 

Contact Mortellaro Law in Tampa and schedule a consultation to discuss your business estate planning with an experienced attorney. Call us at (813) 945-6495 or request a consultation online at your convenience.

Other Articles You May Like

Retirement Planning in Boulder, Colorado: Your Guide to a Secure Future

Planning for retirement is one of the most important steps seniors and their families can take to ensure peace of mind, financial stability, and a fulfilling lifestyle. In Boulder, Coloradoa city known for its vibrant community, access to quality healthcare, and stunning natural surroundingsretirement planning offers unique opportunities and considerations for older adults.Whether you're just beginning to think about retirement or revisiting your plans as circumstances change, this guide will help you navigate your options and make informed decisions for your future.Why Retirement Planning MattersRetirement planning goes beyond saving moneyit's about building a lifestyle that supports your health, interests, and financial well-being as you age. A well-thought-out retirement plan addresses:Income sources like Social Security, pensions, savings, and investmentsHealthcare costs including long-term care, Medicare, and supplemental insuranceHousing preferences such as downsizing, independent living, or assisted livingLegal planning with tools like wills, trusts, and powers of attorneySocial engagement to stay connected and active in your communityBy thinking ahead, seniors in Boulder can take advantage of local resources and opportunities to create a plan that supports both short-term needs and long-term goals.Unique Benefits of Retiring in BoulderBoulder offers a dynamic environment for retirees. Its active lifestyle, robust health services, and welcoming community make it an ideal place for older adults to thrive. Here are just a few reasons why retirement planning in Boulder deserves special attention:Access to World-Class Healthcare: Boulder is home to top-rated hospitals, specialty clinics, and wellness centers. Planning for medical needs is a key part of retirement, and having local access to quality care makes a big difference.Abundance of Outdoor and Recreational Activities: From walking trails to yoga in the park, Boulder supports healthy aging with countless ways to stay active.Lifelong Learning Opportunities: Institutions like the University of Colorado Boulder and local libraries offer classes, workshops, and lectures to keep the mind sharp.Senior-Focused Services and Resources: Boulder boasts many local programs that assist with transportation, nutrition, home care, and more.Explore senior resources available in the area here: Boulder Senior Resources DirectoryFinancial Considerations for Boulder RetireesThe cost of living in Boulder is higher than in some other cities, so its important to align your financial planning with local expenses. Here are a few things to keep in mind:Housing Costs: Whether you're considering downsizing or moving to a retirement community, compare costs and explore options that fit your lifestyle and budget.Taxes and Benefits: Colorado offers a partial tax exemption on retirement income for seniors, which can help offset some expenses.Long-Term Care Planning: Look into long-term care insurance, savings strategies, or Medicaid planning options to prepare for future needs.Browse available services in Boulder, including financial advisors, housing experts, and care providers: Boulder Senior Resources Category: Retirement PlanningCommunity Support and EngagementRetirement isnt just about financial planningits also about living a full and connected life. Boulder provides a rich array of opportunities for seniors to participate in the community:Volunteer programs and civic engagementSenior centers and clubs for socializing and hobbiesFitness classes tailored to seniorsCultural events, lectures, and arts programsPlanning how youll stay socially and mentally engaged should be part of your overall retirement strategy.Final ThoughtsRetirement planning in Boulder, Colorado, means more than just securing your financesits about creating a life you love in a city that supports your goals. Whether you're looking for expert guidance, community involvement, or healthcare access, Boulder has the resources to help you plan effectively. Start exploring local services and building your plan today with Seniors Blue Bookyour trusted resource for senior care and support.

Why Hire an Elder Law Attorney by Ashley Day Law

Why Hire an Elder Law Attorney? Elder law attorneys specialize in estate planning, incapacity planning, and end-of-life care for seniors, helping them remain in their homes and protect against abuse. They are essential in planning for the future and addressing the needs of a vulnerable population. How Can an Elder Law Attorney Help? Long-Term Care Planning: As the number of Americans over 65 is projected to exceed 80 million by 2040, planning for long-term care is increasingly important. Elder law attorneys assist seniors in creating financial plans to cover essential needs like food, rent, and medical care. They also guide clients in applying for public benefits such as Medicaid and Medicare. Housing: Many seniors wish to age in place. Attorneys can represent clients in landlord-tenant disputes, helping them navigate issues like city ordinance violations. They also protect seniors against housing discrimination under the Fair Housing Act. Estate Planning Document Preparation: Elder law attorneys draft critical documents such as wills, health care directives, and powers of attorney, ensuring that seniors rights are protected regarding retirement benefits and medical decisions. A solid estate plan reduces family stress and potential inheritance disputes. Incapacity Planning: Attorneys can help document care wishes for seniors facing disabilities or conditions like dementia. With the rising number of Alzheimers cases, having a plan for incapacity is vital for protecting financial and physical well-being. Guardianship: In cases where an older adult cant make decisions due to conditions like dementia, attorneys assist family members in securing guardianship, which involves legal proceedings and court hearings. They can also advocate for the seniors autonomy by exploring alternatives to full guardianship. Combating Elder Abuse: Elder abuse is a significant public health issue, affecting one in six adults aged 60 and older. Elder law attorneys are well-versed in the rights of seniors and can provide legal recourse against abusers while implementing safeguards like advance directives to protect against financial exploitation. By addressing these diverse needs, elder law attorneys play a critical role in supporting the aging population and ensuring their rights and well-being are protected. Editors Note:  This article is for informational purposes only and is not intended to be legal advice.This article was submitted by Ashley Day, Esq.  Reach her at 251-277-3377.      

What Happens to a Bank Account When Someone Dies Without a Will in Florida?

Losing a loved one can be a difficult and painful time for family and friends. There are many things to consider after someone passes away, including what happens to their bank. If someone dies without a will in Florida, their bank account and other assets will be subject to the states intestacy laws.Dying IntestateIntestacy laws dictate how a persons assets will be distributed if they die without a will. In Florida, if someone dies without a will, their assets will be distributed according to these laws. This means that the deceaseds bank account will be distributed to their heirs according to the states laws. It is important to note that if the deceased person had outstanding debts or liabilities, they must be paid before any assets, including funds in a bank account, can be distributed to heirs. If there are insufficient funds in the bank account to pay off the debts, the heirs may not receive any inheritance from the account.Bank Accounts with Named BeneficiariesIf the decedents bank account has named beneficiaries, it will pass directly to those individuals upon the decedents death. This setup allows control of the bank account and its assets to pass directly to the named beneficiaries without waiting for the exhausting probate process to be completed. The named beneficiaries must show a valid ID and the decedents death certificate to the bank. Bank Accounts with No Named BeneficiariesBank accounts with no named beneficiaries must pass through the probate process. Probate is timely and expensive, and when no will is present, the court will appoint an estate administrator to carry out its orders under state law. This often triggers family disputes and other problems because the law seldom distributes assets like bank accounts according to the familys wishes. Jointly Owned AccountsJointly-owned bank accounts in Florida typically pass to the sole ownership of the surviving joint account owner. This is called rights of survivorship. No probate process should be required.Probate AdministrationTo access the funds in a deceased persons bank account, the appointed executor must provide documentation to the bank to prove that the court has appointed them as the estate executor. This documentation may include a death certificate, letters testamentary, and other legal documents. Avoid Burdening Your Loved Ones Create an Estate Plan TodayIf someone dies without a will in Florida, their bank account will be subject to the states intestacy laws. The funds in the account will be distributed to the heirs according to the states laws. This seldom happens according to the decedents or the familys wishes. Complicated family structures and relationships can prolong the probate process while some may contest the courts distributions.  A Tampa Probate Attorney from Mortellaro Law is an invaluable resource when faced with controversial beneficiary distributions by the court-appointed administrator of an intestate loved ones estate. We are happy to consult with you and advise you on your rights and possible courses of action.  Of course, preventing this scenario and its burden on your loved ones is crucial. Mortellaro Law can help you create a sound estate plan to fulfill your wishes after your death. Asset distribution, including bank accounts, is just one benefit of establishing an estate plan now. Contact us today for a free consultation about estate planning in Florida. 

Local Services By This Author

Mortellaro Law Firm

Retirement Planning 4102 West Linebaugh Avenue, Tampa, Florida, 33624

Mortellaro Law, Elder Law AttorneyFloridas Highest-Rated Elder Law and Estate Planning AttorneyELDER LAWNavigating the complexities of elder law can be challenging. From Medicaid benefits to VA benefits, our firm specializes in providing the legal guidance necessary to ensure that you or your loved one receives the care and support needed.ESTATE PLANNINGPlanning for the future is essential. Our comprehensive estate planning services include drafting wills, setting up trusts, and preparing healthcare directives to ensure your wishes are respected and your assets are protected.ASSET PROTECTIONProtecting your assets is crucial. We offer strategies to safeguard your wealth from potential risks, ensuring that your legacy is preserved for future generations.PROBATE LAWThe probate process can be daunting. Our experienced attorneys will guide you through the administration of estates, providing the expertise needed to resolve matters efficiently and effectively.RESOURCESMedicaid BenefitsMedicaid PlanningQualified Income TrustVA BenefitsSCHEDULE A FREE CONSULTATIONGive us a call at (813) 367-1500 or fill out the following form to get in touch with one of our representatives. Well get back to you as soon as possible.

Mortellaro Law Firm

Elder Care Planning & Consulting 4102 West Linebaugh Avenue, Tampa, Florida, 33624

Mortellaro Law, Elder Law AttorneyFloridas Highest-Rated Elder Law and Estate Planning AttorneyELDER LAWNavigating the complexities of elder law can be challenging. From Medicaid benefits to VA benefits, our firm specializes in providing the legal guidance necessary to ensure that you or your loved one receives the care and support needed.ESTATE PLANNINGPlanning for the future is essential. Our comprehensive estate planning services include drafting wills, setting up trusts, and preparing healthcare directives to ensure your wishes are respected and your assets are protected.ASSET PROTECTIONProtecting your assets is crucial. We offer strategies to safeguard your wealth from potential risks, ensuring that your legacy is preserved for future generations.PROBATE LAWThe probate process can be daunting. Our experienced attorneys will guide you through the administration of estates, providing the expertise needed to resolve matters efficiently and effectively.RESOURCESMedicaid BenefitsMedicaid PlanningQualified Income TrustVA BenefitsSCHEDULE A FREE CONSULTATIONGive us a call at (813) 367-1500 or fill out the following form to get in touch with one of our representatives. Well get back to you as soon as possible.

Mortellaro Law Firm

Long Term Care Planning 4102 West Linebaugh Avenue, Tampa, Florida, 33624

Mortellaro Law, Elder Law AttorneyFloridas Highest-Rated Elder Law and Estate Planning AttorneyELDER LAWNavigating the complexities of elder law can be challenging. From Medicaid benefits to VA benefits, our firm specializes in providing the legal guidance necessary to ensure that you or your loved one receives the care and support needed.ESTATE PLANNINGPlanning for the future is essential. Our comprehensive estate planning services include drafting wills, setting up trusts, and preparing healthcare directives to ensure your wishes are respected and your assets are protected.ASSET PROTECTIONProtecting your assets is crucial. We offer strategies to safeguard your wealth from potential risks, ensuring that your legacy is preserved for future generations.PROBATE LAWThe probate process can be daunting. Our experienced attorneys will guide you through the administration of estates, providing the expertise needed to resolve matters efficiently and effectively.RESOURCESMedicaid BenefitsMedicaid PlanningQualified Income TrustVA BenefitsSCHEDULE A FREE CONSULTATIONGive us a call at (813) 367-1500 or fill out the following form to get in touch with one of our representatives. Well get back to you as soon as possible.