Read more about the article Update Regarding Corporate Transparency Act – Court REINSTATES Reporting Requirements – December 23, 2024

Update Regarding Corporate Transparency Act – Court REINSTATES Reporting Requirements – December 23, 2024

This afternoon (December 23, 2024), the United States Court of Appeals for the Fifth Circuit reinstated the enforceability of the Corporate Transparency Act (CTA) effective immediately. In Texas Top Cop Shop, Inc. v. Garland, a three-judge panel of the Fifth Circuit stayed a lower court’s nationwide preliminary injunction against the CTA, which was issued on December 3, 2024. This means that, among other obligations, the January 1, 2025, compliance deadline for reporting companies in existence as of January 1, 2024, is back in effect.

This situation is likely to rapidly evolve. It is entirely likely that in the coming days, the challengers in this case will seek further review from the Fifth Circuit or seek relief from the United States Supreme Court. Additionally, several other federal courts are actively considering challenges against the CTA. At the time of this writing the United States Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has not publicly released any guidance based on today’s ruling.

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.

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

Read more about the article Significant Ruling on Corporate Transparency Act Blocking Reporting Requirements Nationwide

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

 

Read more about the article Avoid Maryland Inheritance Tax With a Domestic Partnership – Annapolis and Towson Estate Planning
Save on Maryland Inheritance Tax if you are in a committed relationship.

Avoid Maryland Inheritance Tax With a Domestic Partnership – Annapolis and Towson Estate Planning

As of October 1, 2023, Maryland’s Senate Bill 792 introduced a significant legal framework for domestic partnerships, offering couples who choose not to marry a pathway to secure some of the same benefits as married spouses, such as saving on the Maryland Inheritance Tax at death. Awareness of this change in the law will help you make informed decisions about personal relationships, legal protections, and financial planning. Here is what you need to know about registering as domestic partners and the implications of not doing so.

To establish a legal domestic partnership, Maryland Code Estates and trusts Section 2-214 requires two individuals to be at least 18 years old, the sole domestic partner of the other, not married, and in a committed relationship with the other individual.

The process to register a domestic partnership has become more streamlined. Couples seeking to enter a domestic partnership must register their relationship with the Register of Wills in the county in which they are domiciled by filing a signed and notarized declaration form. They also need to pay the appropriate filing fee. Once registered, the relationship will be recognized in all counties regardless of where the partners passed away in Maryland.

Registering as a qualified domestic partnership acts as a legal safety net which guarantees certain benefits during estate administration in Maryland, such as:

  • Inheritance: Now, a surviving domestic partner inherits in the same manner as a surviving spouse if there is no will, potentially receiving the entire estate if there are no surviving descendants or sharing it equally with minor children of the deceased partner.  Without registration, a domestic partner is treated as a legal stranger in the absence of a will, receiving no automatic inheritance rights.
  • Tax Benefits: Assets inherited from a registered domestic partner are exempt from Maryland’s 10% inheritance tax.  Not registering means any inheritance could be subject to Maryland’s inheritance tax, significantly reducing the net inheritance for the surviving partner.
  • Priority as Personal Representative: Domestic partners have priority to serve as the personal representative of their deceased partner’s estate.  Without registration, there is no legal priority for serving as the personal representative of your partner’s estate, which could lead to third parties or family members taking control.
  • Family Allowance: A surviving registered domestic partner is entitled to a family allowance of $10,000 upon the death of their partner.

In contrast, should one choose not to register as a qualified domestic partnership, in addition to losing the foregoing benefits, they risk a loss of other rights and interests, such as:

  • Legal Complexity in Termination: While registered partnerships can be legally terminated, unregistered relationships might face more complex legal battles over property or support if they end, especially if there’s no cohabitation agreement.
  • Lifetime Protections: Registration provides clear legal protections in areas like hospital visitation, which might not be automatically recognized for unregistered partners.
  • Future Legal Disputes: Without formal registration, disputes over shared property, support, or rights could be more contentious and less predictable in court.
  • If for any reason a partner needs to terminate the qualified domestic partnership, the State of Maryland requires a signed and filed termination form. This termination will take effect six months from filing, unless the reason for termination was by marriage or death.

Maryland’s new domestic partnership law represents a significant step forward in recognizing and supporting diverse relationship structures. Contact us to schedule a call with one of our experienced estate planning attorneys to guide you through the nuances of the law so you can make an informed decision about entering a domestic partnership and how it affects your legal rights and responsibilities.

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

Read more about the article Corporate Transparency Act Creates New Reporting Requirements for Businesses- Annapolis and Towson Estate Planning

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

Read more about the article Integrating Digital Assets for Estate Planning- Annapolis and Towson Estate Planning

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.

 

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

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

Read more about the article Don’t Leave Grandchildren a Tax Bill- Annapolis and Towson Estate Planning

Don’t Leave Grandchildren a Tax Bill- Annapolis and Towson Estate Planning

Changes in tax laws have made estate planning a top priority when it comes to leaving retirement savings accounts to heirs, says a recent article from The Wall Street Journal, “How to Leave Grandkids Your Retirement Savings—and Not a Huge Tax Bill.”

Heirs who are not spouses have to empty inherited retirement accounts within 10 years of the death of the original owners, with few exceptions. Before the law changed in 2020, heirs had decades to do this, enjoying tax-free growth.

For many families, these changes require drawing up new trusts and changing estate plans to maximize the family’s after-tax wealth. Some also make a series of Roth conversions or significant generation-skipping lifetime gifts.

How much is at stake? Americans held $12.5 trillion in IRAs as of March 31, and about half of households headed by someone 65 and older have an IRA.

A gradual conversion from traditional IRAs to Roth IRAs makes sense for many, so children and grandchildren can inherit the money tax-free. The taxes are being paid upfront. Once the money is in the Roth, it grows tax-free, and heirs can take it out tax-free when they inherit.

If the inheritance occurs during the grandchildren’s or parents’ highest earning years, they can cause a massive tax bill. Minor grandchildren might need to file a tax return to report the IRA payout, and the income could be taxed at the parent’s rate.

For many grandparents, the solution is to make lifetime gifts to grandchildren as soon as they are born, from paying for diapers and preschool to setting up 529 college savings plans and having trusts created and funded to save estate and generation-skipping transfer taxes.

Leaving an IRA outright to grandchildren, even with the ten-year payout period, is usually not a good idea. They may see the inheritance as a windfall and go through it quickly. Having conversations about your intention for their use of the money is a good idea. However, it’s not legally binding.

Inherited IRAs also come with administrative headaches. You can’t convert an inherited traditional IRA to a Roth IRA, add money to an inherited IRA, or combine an inherited IRA with your own IRA.

Leaving an IRA in a trust may seem complicated. However, it’s a worthwhile move if there are concerns about how parents or grandchildren might handle an inheritance. A trustee would distribute the money based on the terms set in the trust. This prevents the scenario of a young adult inheriting more money than they’ll know what to do with.

Your estate planning attorney will be able to help your family minimize the tax impact of inheritance with a comprehensive plan.

Reference: The Wall Street Journal (July 9, 2023) “How to Leave Grandkids Your Retirement Savings—and Not a Huge Tax Bill”

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

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

Read more about the article What are the Responsibilities of a Probate Judge?- Annapolis and Towson Estate Planning

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