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(Whenever I Get Pop Culture Inspired) Newsletter by the Law Offices of Odelia Goldberg

A Spoiler Alert of a Newsletter

 

Social Media Buzzzzzz

If you've encountered our videos on your feeds, it's because we're out there, baby! Apparently, there's a lot to say on the subject of estate planning LOL


But, hawking our wares on the world-wide-web is not the only thing going on over here. we're still very engaged with your estate plans, real estate closings, probates and contracts!


Feel Good y'all!


Best regards,

Odelia

What Can We Learn From The McBee Dynasty: Real American Cowboys?

In case you missed the latest episode, I got you! 


In this week’s episode, we pick up with Steve Sr. just days away from starting his federal prison sentence and Kacie’s juggernaut tallow skincare line as the only way for the McBees to “save the family farm.” Steve Jr. and Kacie have a hard conversation wherein Steve Jr. suggests that McBee Farms holds a 20% stake in Kacie’s business, Allie (his girlfriend of a few months) will get another 20% for “marketing help” and Kacie retains the remainder interests. Of course, Kacie refuses to give Allie a cut, saying the business is hers and she is not comfortable handing part of it to Allie (did we learn nothing from Galina?). 


Anyhooooo, as I was watching, I couldn’t help but provide a solution for them. Hear me out. 


Since the tallow business has three players (Kacie, Steve Jr. and McBee Farms), my suggestion is for Steve Jr. to hold his interest in the business not individually, but through a trust. So, the members of the tallow LLC are Kacie, Steve Jr.’s trust and McBee Farms (yes an LLC or corporation can be a member of another LLC). Now, Steve Jr. can include his girlfriend de Jure (in this case Allie) as a beneficiary of his trust. Of course, Steve Jr’s trust would be revocable so should things deteriorate between Allie and Steve Jr. (spoiler alert, they don’t make it), he can amend his trust and remove her. 


There you have it. We learn that you can hold your interest in an LLC (or corporation) through a trust (as opposed to in your name individually). Not only will that avoid probate, but it will also allow you to include loved ones in your business venture (in a revocable way) without annoying your business partners. We also learn that estate planning can’t fix all bad dating decisions, but it can prevent obvious ownership disputes.

 

Other Stuff I Want to Tell You

 
 

What do the rules say about all of this?

Florida LLC laws allow transfers of a transferable interest, but the transfer alone does not automatically make the transferee a full member with management rights. It's important to check the operating agreement (if they exist) to see whether a trust can own the interest and/or have management rights in the business. Some operating agreements have restrictions as to the members.

 

How do I move a business interest into a trust

We need conveyance documents such as an assignment of interest, matching meeting minutes, updated membership ledger and potentially an amendment to the operating agreement (if one existed prior) to effectuate the transfer from an individual member (shareholder) to a trust member (shareholder). These internal paperwork tell the transfer story.

 
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