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

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

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

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

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