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Locations:

64 Holmes Ave. 
Waterbury, CT 06710 
Toll Free: 866-488-8625
Phone: 203-755-0018
Fax: 203-755-0036
 
One Lewis Place
Hartford, CT 06106
Phone: 866-488-8625

April 2018


We want to thank all of you who take the time to read the news letters we are sending and we hope that you are finding the information beneficial. At Tindall Law Firm, LLC we enjoy sharing valuable tips regarding the law; offering articles on hot issues in the law; commenting on topics of interest; and helping you navigate the tricky world of the law, which is ever changing.  

At any time if you have any questions on any of the materials you find in our newsletter or any other legal issues, please do not hesitate to contact me. If there is any legal issue of interest that you would like to see addressed in our newsletter, please let us know. 

We value your feedback very much. We treasure our clients very much and we aim to treat each of you as a member of our family and with a commitment to excellence, zealous advocacy on your behalf, and quality service. 
 
All the best, 
Attorney Tavis Tindall

Tips from Tindall
Preparing Your Business for Probate


5 Ways Business Owners Can Avoid Probate Problems

It's has been said that a privately held business is the most vulnerable 6 months before and 6 months after the death the business owner. 

Have you put a plan in place to make sure your business will continue? Have you taken the steps needed to ensure probate is an efficient process rather than a business killer?

1.TrustsPutting your assets in a trust doesn't solve all estate planning issues. If, however, you have your business interest correctly titled in a living trust, it's true that the business will avoid probate. When doing trust planning for your business, be sure to differentiate between a revocable trust and an irrevocable trust. Both can avoid probate, but they serve different purposes.

2. Real EstateIf your business is a separate legal entity and owns real property, it is an asset of the business and flows with the disposition of the business interest. In many cases, however, the real estate is owned separately, and the owner rents the property to the business. In this case, probate can be avoided by titling the real estate in joint ownership with right of survivor-ship, in a life estate or, in some states, with a transfer on death (TOD) deed. All three approaches avoid probate.

3. Personal Property and InsuranceThere are other assets related to the business which may be personally held. A business owner may license a patent to the company. Or business owners may take out life insurance policies on each other's lives and own the policies personally, but that does not protect them if business goes to probate.Attention to titling and beneficiary designations - in advance - is needed to expedite disposition of these assets.
 
4. Wills, Executors and Powers of AttorneyFrom a legal perspective, the probate court works with whatever the decedent leaves in terms of instructions. But these instructions must be properly and legally executed. At the management level, the company needs someone identified in advance to run the business while probate proceeds. Arrangements for maintaining company cash flow and family income should be sorted through beforehand.

5. Business ContinuationThe most important step a business owner can take regarding the disposition of the business at death is to have a predetermined business continuation plan. Next, the ongoing management of the company must be known in advance. Salaries, rent and debts must be paid. Operations must continue. And finally, the funding of the plan must be in place.


At Tindall Law Firm, LLC we are very experienced in preparing the required legal documents you would need to prepare your estate per your wishes. Please contact us with any questions on this topic or any other legal issues by calling us at  (203) 755-0018 or visiting us online at  http://tindall.lawfirm.com/   with all your legal needs.
At Tindall Law Firm we work hard for clients every day. We all want to see clients receive the justice and compensation they deserve. I hope you all have had a great summer and are looking forward to the fall season. 

As a family-based business, our staff is close, and we extend that friendly, caring attitude to our clients. We treat our clients as if they are our own family and truly care about them as more than just a number. It is this quality along with superior service and competent representation that has allowed us to become the "lawyer for life" for all of our clients and their families and friends to whom they refer us.  

 
Sincerely,
 
Tavis Tindall
Tindall Law Firm, LLC