Significant Ruling on Corporate Transparency Act Blocking Reporting Requirements Nationwide

A recent ruling by the U.S. District Court for the Eastern District of Texas has preliminarily blocked the nationwide enforcement of the Corporate Transparency Act (CTA). This decision impacts businesses nationwide, as the CTA aimed to require U.S. business entities to report stakeholder information to the Treasury Department to combat money laundering and other illicit activities through shell companies. The injunction was issued in response to a lawsuit by Texas Top Cop Shop Inc. and co-plaintiffs, arguing that the CTA oversteps Congress’s constitutional authority to regulate commerce, especially since it applies to entities regardless of their engagement in commercial activities. This ruling halts the implementation of these reporting requirements temporarily, pending further legal proceedings, which could have significant implications for estate planning and business privacy. As a result, individuals are no longer required to file but that may change in the future based on court decisions and agency regulations.

We will continue to monitor this development closely and provide updates as they become available. For clients concerned about the implications of this ruling on their business or estate planning, please feel free to contact us.

[For further reading on the CTA and its implications, see the article here: https://news.bloombergtax.com/daily-tax-report/corporate-transparency-act-blocked-nationwide-by-texas-court ]

Sims & Campbell, LLC- Annapolis and Towson Estate Planning Attorneys

 

Corporate Transparency Act Creates New Reporting Requirements for Businesses- Annapolis and Towson Estate Planning

Effective January 1, 2024, the Corporate Transparency Act (the “CTA”) will implement beneficial ownership information reporting requirements for corporations, limited liability companies and other business entities that were created in or are registered to do business in the United States. The CTA requires that certain information about the business’ owners be provided to the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) and imposes significant penalties for noncompliance.

The purpose of the CTA, which is part of a broader effort by FinCEN to try to crackdown on illegal activity such as money laundering, corruption, tax fraud and terrorist financing, is to provide greater transparency of owner information to try to prevent criminals from hiding illegal property in the United States.

Who is required to file?

Corporations, limited liability companies and other business entities that were created by a filing with a secretary of state or a similar office to create the entity or, for foreign companies, a registration to do business in the United States.

The CTA contains 23 exemptions, mostly for large companies, such as publicly traded corporations, and businesses that the federal government heavily regulates, as these companies are already providing the information to the government.

Limited liability companies created for estate planning purposes must comply with the CTA.

What to file?

A business that is required to report beneficial ownership information under the CTA (called a “reporting company”) will be required to provide:

  • legal name and any trade name or dba;
  • address;
  • jurisdiction in which it was formed or first registered, depending on whether it’s a U.S. or foreign company; and
  • taxpayer identification number.

For each reporting company’s beneficial owners and each reporting company applicant, the following information with respect to individual owners will also be required:

  • legal name;
  • birthdate;
  • address (in most cases, a home address); and
  • an identifying number from a driver’s license, passport or other approved document for each individual, as well as an image of the document that the number is from.

There can be up to two individuals who qualify as a reporting company’s applicants:

  • the individual who directly files the document that creates, or first registers, the reporting company; and
  • the individual that is primarily responsible for directing or controlling the filing of the relevant document.
  • A reporting company is only required to report company applicants if it is created or registered on or after January 1, 2024.

When to file?

  • A reporting company created or registered before January 1, 2024 is required to file before January 1, 2025.
  • A reporting company created or registered on or after January 1, 2024 is required to file within 30 calendar days of receiving actual or public notice that the company has been created, or upon receipt from your state’s secretary of state or similar office that the company was created or registered, whichever is earlier. FinCEN has reported that it will accept reports electronically beginning January 1, 2024. There is a proposal to extend the time to file for the first year to 90 days, but the extension has not been granted yet.

Please contact us with any questions.

Sims & Campbell, LLC- Annapolis and Towson Estate Planning Attorneys

Integrating Digital Assets for Estate Planning- Annapolis and Towson Estate Planning

Estate planning for digital assets is an increasingly important aspect of overall estate planning due to the growth of online accounts, cryptocurrencies, and other digital assets. It involves organizing and planning for the management and distribution of your digital assets in the event of your incapacity or passing. Here are key considerations and steps to effectively include digital assets in your estate plan:

  1. Take Inventory of Digital Assets: Start by creating a comprehensive list of your digital assets, including:
    • Financial Accounts: Online banking, investment accounts, PayPal, etc.
    • Social Media and Email Accounts: Facebook, Twitter, Gmail, etc.
    • Digital Media: Music, videos, ebooks, etc.
    • Cryptocurrencies: Bitcoin, Ethereum, etc.
    • Domain Names and Websites: If you own any.
    • Online Storage Accounts: Dropbox, Google Drive, etc.
  1. Organize Documentation and Access Information:
    • Document account information, login credentials, and any two-factor authentication codes.
    • Store this information securely, either in a physical location (like a safe deposit box) or a password manager. Ensure a trusted individual knows how to access this information.
  1. Appoint a Digital Executor:
    • Designate a trusted person as your digital executor in your will or estate plan.
    • Grant them the authority to access, manage, and distribute your digital assets in accordance with your wishes.
  1. Review Terms of Service Agreements:
    • Understand the terms of service for each digital platform or service you use, as they may have specific rules about transferring or accessing accounts after death.
    • Comply with any necessary procedures for handling digital assets outlined in these agreements.
  1. Communicate Your Wishes:
    • Clearly communicate your wishes regarding digital assets to your loved ones, digital executor, and any other relevant parties.
    • Provide guidance on how you want each type of digital asset handled, shared, or preserved.
  1. Regularly Update Your Plan:
    • Regularly review and update your estate plan, especially if you acquire new digital assets or change online account information.
  1. Consult with Professionals:
    • Seek advice from estate planning attorneys or financial advisors who are knowledgeable about digital asset planning to ensure your plan is thorough and legally sound.
  1. Consider Legal Assistance:
    • Depending on the complexity of your digital assets and your overall estate, consult a lawyer specializing in estate planning and digital asset management to ensure your plan is comprehensive and legally binding.

By integrating your digital assets into your estate plan, you can help ensure a smooth transition of your online presence and assets to your chosen beneficiaries and loved ones.

Contact us to schedule a complimentary call with one of our experienced estate planning attorneys!

Sims & Campbell, LLC– Annapolis and Towson Estate Planning Attorneys

Empty Nesters: Tips for Moving Closer to Your Kids- Annapolis and Towson Estaet Planning

As empty nesters approach retirement age, they often start considering moving closer to their adult children to maintain closer family ties. However, as with any move, there are a lot of factors to consider, from choosing the right neighborhood to budgeting for expenses. Here, Sims & Campbell Estates and Trusts outline some of the most important steps empty nesters should take when they’re looking to move closer to their kids.

Consult Your Children

The first step in moving closer to your adult children is to consult with them about their ideas and preferences for the move. It’s important to have an open and honest conversation with your children about your expectations and your reasons for relocating.

 

You might have one idea about what your move should look like, but your children may have different expectations or ideas. By discussing your plans with your children, you can create a plan that everyone is happy with and that works for everyone’s needs.

Explore Potential Neighborhoods

To find your perfect home, you need to explore potential neighborhoods and areas. This helps you understand the local environment, check out nearby amenities, and get a feel for the area. Visiting these locations can guide you in making an informed decision about which place suits you best.

Get the Scoop from Local Residents

When visiting potential neighborhoods, make sure you talk to local neighbors about the area. This will give you an idea of what it’s really like to live there, and what the community is like. You can ask about things like noise levels, crime rates, and the overall vibe of the community.

Consider Healthcare, Dining, and Transportation Options

Another important consideration when relocating is the availability of healthcare, dining, and transportation. Make sure you spend time researching so you can find the best options for your needs. Healthcare is particularly important for older adults, so make sure you research local healthcare providers in the area, including doctors, dentists, and hospitals.

Navigate Zoning Laws

Before relocating, it’s important to research any laws or regulations that could affect your lifestyle choices. For example, some areas have strict noise ordinances or rules regarding how many pets you can have. Make sure you understand these regulations before you make your move, so you can avoid any unpleasant surprises down the road.

Plan a Budget for Moving-Related Costs

Relocating can be expensive, so make sure you budget for all relocation expenses, including the costs of hiring a moving company, renting a truck, and paying for any storage units. Other expenses to factor in can include closing costs and real estate agent fees. Make sure you have a solid budget in place before you start the moving process.

Decide Whether to Sell or Close Your Business

If you are a small business owner, you’ll need to decide what to do with it when you move. There are two primary options: sell it or close it. You’ll probably want to start by getting an accurate valuation of the business first because the answer might determine your next steps. Then, depending on your business structure, you may need to consult your primary stakeholders. Once you have solidified your plan, be sure to communicate the changes to your customers.

 

You may also want to consult with Sims & Campbell Estates and Trusts to determine which option is the best for your current and future financial needs.

Researching Nearby Services

As we age, it’s common for us to require more help with daily tasks. When relocating, be sure to research nearby services like housekeeping, personal care aides, and meal delivery, in case you need them later on. Knowing what’s available for you in advance can make a huge difference in your quality of life and peace of mind.

Stay Organized by Digitizing Your Documents

Digitizing your documents is a practical way to stay organized during a move, as it enables you to access important files quickly and eliminates the need to carry around physical copies. Saving documents as PDFs allows for easy sharing, printing, and viewing on any device, while preserving the original formatting and layout of the document.

Consider Relocating

For empty nesters who are considering relocating to be closer to their adult children, there are a lot of factors to consider. From choosing the right neighborhood to budgeting for expenses, it’s important to do your research ahead of time. By following the steps outlined above, taking the time to thoroughly plan and prepare, and digitizing documents, empty nesters can create a seamless and enjoyable relocation experience.

 

At Long Last, Trial Leads to Final Decision on Aretha Franklin’s Will- Annapolis and Towson Estate Planning

The trial over the Queen of Soul’s estate is over. The jury’s decided that the 2014 will, secreted under a couch cushion, is the valid will. The title of a recent article from CNBC says it all: “Longtime Aretha Franklin estate battle shows the importance of having a proper will.” You need a will and an estate plan, even if you’re not a celebrity.

Aretha Franklin died in 2018; at first, no one even knew she had a will. Two handwritten wills then were found. Franklin was a resident of Michigan, where handwritten or “holographic” wills are legally permissible. The question was, which of the two wills were valid?

Everyone needs a will, a legal document detailing their wishes to distribute assets and property upon death. Parents with minor children use wills to nominate a legal guardian for their children, and the will is also used to name an executor to be in charge of carrying out the directions in the will.

When someone dies without a will, they have passed “intestate.” When this happens, state law dictates how an estate is distributed.

Franklin had two handwritten wills, one in 2010 and the second in 2014. Both were found in her Detroit home months after her death. She had four sons, and the legal dispute was between her sons, who disagreed over which handwritten will should govern her estate. There were significant differences between the documents.

The more recent will generally take precedence over an older one. However, a handwritten will can go wrong in many ways. The lengthy estate battle over Franklin’s will exemplifies why everyone needs a properly prepared will.

Some assets don’t pass through the will, such as those with beneficiary designations. If property is owned in “joint tenancy,” where two or more people own property together, the surviving party inherits the property.

How assets are titled governs their distribution. For instance, assets held in a trust are owned by the trust, and the trustee will distribute assets according to the language in the trust.

When someone dies, the executor presents the will to the court as part of a probate proceeding. The will and its contents become a matter of public record. Anyone who wants to see the will can, which is why many people prefer to use trusts, which are private.

If you don’t have a will, meet with an estate planning attorney, and start the process. If your will is over five years old, it’s time for an update.

Reference: CNBC (July 11, 2023) “Longtime Aretha Franklin estate battle shows the importance of having a proper will”

Contact us to schedule a complimentary initial call with one of our experienced estate planning attorneys!

Sims & Campbell, LLC- Annapolis and Towson Estate Planning Attorneys

How to Pass the Family Home to Your Children- Annapolis and Towson Estate Planning

Family home ownership is a part of the American Dream. It is often a family’s largest asset and a means of gaining an economic foothold. Many families who choose to leave their homes to their children hope to avoid probate, says the article “Leaving Your Home To Your Kids While Avoiding Probate Litigation” from Realty Biz News. Probate is the court-supervised process where a deceased person’s assets are examined, the will is reviewed, and beneficiaries and the executor are determined.

Probate was designed to ensure that potential creditors can pursue claims against the estate and provide a forum to identify the correct beneficiaries who should receive the deceased person’s property. Probate is more common when there is no will or when the bulk of a person’s property has been left to a third party, such as a significant other, a second spouse, or an organization.

How can you ensure that the family home you want to leave to your children ends up with your children without having to go through probate?

The three most common ways of gifting the family home to another person are through your will, a living trust, or titling the property deed. An estate planning attorney can help plan this as part of your entire estate plan.

A will is a legally binding document outlining what you want to happen to your home and all of your assets. The people named as recipients of real estate and any other assets are known as beneficiaries. The will goes through probate to validate the will, in case there are any questions about your instructions. Any outstanding debts must be paid before assets can be distributed.

A living trust, also called a Revocable Trust, distributes assets, including homes. Once the living trust is created, assets can be added to it. You’ll still own and control the assets while you are living. However, once you pass, the items are transferred to the trust. The language of the trust will determine when and how assets are passed to beneficiaries.

If you create the trust but neglect to retitle the deed, your home will go through probate upon your death. If you plan to use a living trust, prepare one as soon as possible and retitle any assets you want to place in the trust once the trust is created. Assign a trustee who will be in charge of following instructions in the trust.

Modifying your home’s deed is another way to pass your home to family members. Depending upon your state, you may be able to change the deed to a Transfer of Deed or TOD, which gives you complete control of the home and the ability even to take out a reverse mortgage on your home if you need funds. You can also retitle the home to Joint Tenant with Right of Survivorship. However, any decisions about the home, like a reverse mortgage or a home equity loan, must be approved by the joint tenant.

Titling the home as Tenant by the Entireties is used in about half the states. It applies only when the property owners are married.

Passing on the family home to children should be done with the help of an experienced estate planning attorney. There are tax implications to be considered, as well as the family’s dynamics. For some families, this is a welcome and sensible decision. However, in others, there may need to be certain protections put into place to prevent family disputes and possible litigation.

Reference: Realty Biz News (July 12, 2023) “Leaving Your Home To Your Kids While Avoiding Probate Litigation”

Contact us to review your estate plan with one of our experienced estate planning attorneys!

Sims & Campbell, LLC- Annapolis and Towson Estate Planning Attorneys

What are the Responsibilities of a Probate Judge?- Annapolis and Towson Estate Planning

A probate judge oversees cases where a will has been prepared by a deceased person and those where there is no will (intestate cases). Most probate issues are decided on a county basis. The main job of a probate judge is dealing with estates, says Yahoo Finance’s recent article entitled, “How Do Probate Judges Administer Estates?”

Probate is the process of closing an individual’s estate at their death. Probate is the process of proving that the will is valid, paying the bills associated with the estate, paying taxes and distributing property to the heirs. If the person dies intestate or without a will, probate is more complex and requires more involvement from the probate judge. If you leave a last will and testament upon your death, you ease the burden on your family, who will be grieving and navigating the probate process.

If the deceased person (the decedent) had a will, and no beneficiary steps up to contest it, the role of a probate judge is relatively minor but significant. If you must enter probate, here are the general steps, but the procedure varies from state to state.

  1. Open a Probate Case with the Court – The executor of the decedent’s estate files the will with the probate court. The probate judge will see if anyone has any objections to the will. For instance, a possible beneficiary could assert that the decedent was coerced into making the will. The beneficiaries of the will could also disagree on what’s inherited. Moreover, the judge might have to deal with a contested will. However, if there are no objections to the will, the executor is approved, and an estate bank account is opened.
  2. Notify Interested Parties – The executor will place notices in newspapers to creditors of the decedent. Those interested in a decedent’s will would be any possible heirs and all creditors. They’re notified if they can be found. If not, then newspaper notices have to suffice. Creditors have a specified time period to submit claims against the estate.
  3. Inventory of the Estate Assets– The executor must inventory the estate and state the amount that individual assets were worth on the date of the decedent’s death. This inventory is filed with the probate judge and the heirs. Executors may be compensated for their work either by inheriting themselves or by a statement in the will concerning their compensation. Executors often hire a probate attorney for assistance, especially if the estate is very large or complex.
  4. Distribution of Assets – After the inventory, the probate judge authorizes the distribution of assets, unless the will is contested. The debts of managing the estate, creditor’s debts and minor children and their inheritance are also addressed. The debts are paid from the estate, even if assets have to be sold to pay them.
  5. Terminating the Estate – The probate judge ensures that all creditors have been paid and closes the estate. It remains a public record.

If a person dies without a will, the same general steps are followed. However, the process is more complicated.

Reference: Yahoo Finance (Aug. 31, 2021) “How Do Probate Judges Administer Estates?”

Contact us to review your estate plan with one of our experienced estate planning attorneys!

Sims & Campbell, LLC– Annapolis and Towson Estate Planning Attorneys

Read more about the article What Happens to Digital Assets on Death? – Annapolis and Towson Estate Planning
Vector illustration material of senior couple worried about end of life and funeral / worried / solution / old couple

What Happens to Digital Assets on Death? – Annapolis and Towson Estate Planning

You’ve probably thought about who will inherit your home, your great-grandmother’s jewelry collection and your collection of superhero comics. However,what about your digital assets, asks a recent article from Coast Reporter, “Make sure your estate plan considers your digital assets.”

Digital assets may have significant value. Digital assets include cryptocurrency, non-fungible tokens (NFTs), domain names, digital photos, digital rights to literary content, musical compositions, blog content, online video channels where your content is generating revenue, online gaming, digital online betting accounts, PayPal accounts or even prepaid subscriptions to online content or goods and services.

If your estate plan hasn’t adequately accounted for these assets, your heirs may be unable to access them. Do you and your executor even know what digital assets you own?

Having a list of your digital assets is a start. However, this doesn’t mean your executor can access the assets after your death. Photos and videos stored online may be inaccessible, social media accounts may stay online forever and heirs might not receive money or other assets you intended them to have.

The first hurdle is knowing the passwords for your accounts. Some can be accessed by cybersecurity professionals, like breaking into your phone or a laptop. However, others, like cryptocurrency keys, could be lost forever. Unless you’ve given explicit authorization to someone to access your accounts, they could violate data privacy laws, a criminal offense in most states.

Here’s a game plan for your digital assets and estate plan:

Document digital assets. Know what you own and understand that there’s a difference between owning a digital asset and owning a non-transferable license to use the asset.

Back up your digital assets. Ensure that all online documents, data and assets are backed up to the cloud and store them on a local computer or external hard drive, so your family can access them with fewer obstacles.

Leave digital assets to your spouse. This will avoid the assets being taxed and give the surviving spouse time to plan for the tax liabilities upon their death with an experienced estate planning attorney.

Provide authorization in your will. Update your will so your executor can bypass, reset or recover passwords. If your digital assets are significant enough, talk with your estate planning attorney about having a separate will to deal with digital assets and name an executor knowledgeable about digital assets for the second will.

Check-in regularly. Digital assets are still new for most people, so speak with your estate planning attorney to be sure your wills and powers of attorney reflect any changes in the law or your digital assets.

Reference: Coast Reporter (June 21, 2023) “Make sure your estate plan considers your digital assets”

Contact us to schedule a complimentary call with one of our experienced estate planning attorneys!

Sims & Campbell, LLC– Annapolis and Towson Estate Planning Attorneys

Read more about the article When is a Trust a Good Idea? – Annapolis and Towson Estate Planning
Trust and Estate Planning is shown on a conceptual business photo

When is a Trust a Good Idea? – Annapolis and Towson Estate Planning

If you prefer to place specific conditions on your assets after you pass away, you should have a trust in place, says Kiplinger’s recent article, “Why Do I Need a Trust?”

Trusts can be especially important with second marriages, where one spouse wants to leave their assets to their children but not their stepchildren. Here are some other benefits of a trust:

Creditor Protection. If your profession has a high probability of liability, having assets transferred via a trust (once the trust becomes irrevocable) may shelter funds from being attached in a lawsuit. This can be very specific concerning state law and the type of lawsuit, so discuss this with an experienced estate planning attorney before making any decisions.

Passing Funds Outside of the Estate. For large estates that are anticipated to grow, creating trusts during your lifetime and gifting assets can remove the growth from your estate and lower future estate taxes. If your estate is higher than the exemption, and you have more funds than you need to live on, funding an irrevocable trust now is beneficial. Also, remember, revocable (or living) trusts become irrevocable on your passing, so anything in the revocable trust will be out of the beneficiary’s estate.

Providing for Grandchildren. If you want to provide for grandchildren at your death or don’t trust the parents to set inheritance funds aside for their children, creating a trust for the grandchildren is an option. If you leave assets outright to their parents, there’s no guarantee that the funds will get to them.

Protect Against Fraud or Beneficiary Changes. Seniors can be duped into updating their beneficiaries when they’re in the hospital or under hospice care. If the individual can sign a form and their signature matches what is on file at the custodian—and they have no immediate family to catch the update—this can be a problem. If the elderly person is not of sound mind, the attorney will likely be able to notice something is wrong compared to submitting a beneficiary form to a custodian directly.

Special Needs Beneficiaries. If you have incapacitated beneficiaries who require special care due to mental or physical disability, setting up a special needs trust may be a good move. A Special Needs Trust will ensure that assets can be given to this person but not interfere with government benefits or disability payments.

Ask an experienced estate planning attorney if your situation and your intentions warrant a trust. They can help you protect your assets and your wishes.

Questions? Contact us to schedule a call with one of our experienced estate planning attorneys.

Reference: Kiplinger (August 31, 2022) “Why Do I Need a Trust?”

Sims & Campbell, LLC – Annapolis and Towson Estate Planning Attorneys

Read more about the article Top Five Mistakes to Avoid When Passing Wealth to the Next Generation – Annapolis and Towson Estate Planning
- ‘A goal without a plan is just a wish’ written on a blackboard. Blurred styled background.

Top Five Mistakes to Avoid When Passing Wealth to the Next Generation – Annapolis and Towson Estate Planning

Many families count on the transfer of general wealth and the transfer of assets from generation to generation. A report from Cerulli Associates says approximately $84 trillion will be passed from today’s older generation to heirs by 2042.

For this wealth transfer to succeed, parents and heirs should consider the pointers in a recent article from yahoo! finance, “Don’t Make These 5 Mistakes When Passing Down Generational Wealth to Your Family.”

Prepare heirs for their inheritance. Speak with family members about how their inheritance might change their lives. Educate them early on about personal finance, and introduce them to your advisors, including your estate planning attorney, financial advisor, and CPA.

Teach heirs how to be financially independent. Another problem can occur if children expect to receive an inheritance and don’t think they’ll need to work. This could get in the way of their personal and professional growth. You want them to know how to support themselves and the value of money earned.

Make sure to diversify your portfolio. When did you last increase your 401(k) contributions or diversify your portfolio? Be mindful of your investments. You don’t want to overestimate the value of your wealth or leave your children with an out-of-date investment portfolio.

Involve your children in the family business. If your legacy includes a family business, you need to consider the importance of ensuring that your children are fully involved in how the business operates and its financial needs and goals. If you simply toss the children into the business without completely understanding it, the transition may not work. As a result, your years of hard work could disappear quickly. A succession plan should be in place, so everyone knows what is expected of them.

Don’t neglect your estate planning. Sit down with an estate planning attorney and create a comprehensive estate plan, including a last will and testament, power of attorney, health care power of attorney, living will, and any trusts needed to pass wealth to the next generation. Do this long before you expect it to be needed. If you fail to create an estate plan, heirs will end up in probate court. It could take years before they receive the assets you want them to inherit.

Contact us to speak with one of our experienced estate planning attorneys.

Reference: yahoo! finance (June 5, 2023) “Don’t Make These 5 Mistakes When Passing Down Generational Wealth to Your Family”

Sims & Campbell, LLC – Annapolis and Towson Estate Planning Attorneys