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Are You Single with a Minor Child? If So, You Need a Plan

You have a minor child who depends on you for their survival, so you need to make sure that they will be cared for if you are ever unable to care for them. By creating an estate plan, you can address your minor child’s care and custody and provide instructions about how your money and property should be used for their care should something happen to you.

Care and Custody of Your Child

Creating an estate plan allows you to name someone to care for your minor child if you are unable. A child under the age of majority (eighteen or twenty-one depending on your state law) cannot legally care for themselves (unless they have been emancipated). A guardian must be appointed to take care of the minor child if both parents have passed away or are unable to care for the child. It is important to note that if the other legal parent is still alive, that parent may receive custody of the child. However, you need to have a plan in case there is no other legal parent or the other legal parent cannot care for the child. If you do not choose a guardian, the judge will look to state law to determine the appropriate guardian, who may not be the person that you would have chosen.

How do you nominate a guardian?

There are a few different ways to nominate a guardian to care for your child after your death. First, it can be done in a last will and testament (also known as a will). In this document, you can name someone to be your child’s guardian after your death, a person to wind

Estate Planning for Entrepreneurs and Business Owners

The Importance of Succession Planning and Operating Agreements for LLC Owners

Forming an LLC offers critical protections for business owners, but the work doesn’t stop there. To ensure your LLC runs smoothly—and avoids potential conflicts—having a comprehensive operating agreement and a succession plan is essential. These documents safeguard your business from internal disputes and provide clarity in the event of an owner's death or departure.

What is an Operating Agreement and Why Is It Important?

An operating agreement is a legally binding document that outlines the rules and structure of the LLC, as well as the rights and responsibilities of each member. Without an operating agreement, the business may fall back on state law to resolve disputes, which may not always align with the owners’ intentions.

For example, in Arizona, if an LLC has multiple members but no operating agreement, the state’s default law dictates that all members are equally entitled to profits, losses, and distributions—regardless of the amount of capital each has invested. This can lead to disputes if one member believes they deserve a greater share due to their larger financial contribution. A well-drafted operating agreement can prevent these types of conflicts by clearly defining ownership percentages and decision-making authority.

Avoiding Litigation with a Clear Operating Agreement

Disputes between LLC members can arise over various issues, from profit sharing to decision-making power. Without an operating agreement in place, these disagreements could result in costly litigation, as members turn to the courts to resolve disputes.

A comprehensive operating agreement helps avoid this by clearly laying out the procedures for resolving conflicts. For instance, it might include provisions for arbitration or mediation, as well as guidelines for handling deadlocks in decision-making. By setting these rules in advance, LLC members can focus

Why Forming an LLC is Essential for Protecting Personal and Business Assets

Starting a business comes with many risks, but forming an LLC (Limited Liability Company) can provide critical protection for both personal and business assets. For entrepreneurs, understanding the role of an LLC is essential for minimizing liability and ensuring long-term financial security.

The Difference Between Sole Proprietorships and LLCs

Many small business owners begin as sole proprietors, where the business and the owner are legally the same entity. This structure is simple, but it leaves personal assets—like your home or savings—vulnerable to business liabilities. If something goes wrong with your business, such as a lawsuit or debt, creditors can go after your personal property to satisfy the claims.

On the other hand, an LLC creates a legal distinction between the business and its owner(s). By forming an LLC, the business itself becomes liable for its debts and legal obligations, while the owner's personal assets are protected. This separation is crucial, especially in industries where legal risks are higher.

Protecting Personal Assets from Business Risks

One of the main reasons to form an LLC is to shield your personal assets from business-related risks. If your LLC is sued, only the assets owned by the company are at risk—not your personal belongings. For example, if you own a restaurant and a customer files a lawsuit due to an injury on your property, the LLC will be the defendant in the case, not you personally. This protection can make the difference between financial ruin and staying secure through a legal challenge.

Additionally, having an LLC can protect your business assets from personal liabilities. For example, if you’re in a car accident that results in a lawsuit, the assets owned by your LLC are

The Two Key Components of Estate Planning: Protecting Your Future and Your Family’s Legacy

Estate planning is often misunderstood as a process that only deals with what happens after you pass away. However, a well-rounded estate plan serves two essential purposes: ensuring that you’re taken care of during your lifetime if you become incapacitated, and making sure your property is distributed according to your wishes after your death. In this blog, we’ll break down the importance of each component and how having a proper plan in place can protect both you and your loved ones.

What Happens If You Become Incapacitated?

One of the most critical, yet often overlooked, aspects of estate planning is ensuring that someone you trust can make decisions on your behalf if you become incapacitated. Imagine you suffer a serious injury, such as a stroke, and are no longer able to make decisions regarding your healthcare or finances. Without the proper legal documents in place, your family could face significant challenges.

If you haven’t named a healthcare power of attorney, the court may need to appoint a guardian to make decisions for you. This process, known as guardianship, is not only expensive, but it also involves the court system, lawyers, and doctors. Guardianship proceedings can be stressful for your loved ones during an already difficult time.

By creating a healthcare power of attorney as part of your estate plan, you ensure that someone you trust is legally authorized to make decisions on your behalf. This reduces the risk of costly legal battles and allows for a smoother process in the event of your incapacity.

How Does Your Estate Pass to Your Heirs?

The second key component of estate planning involves deciding how your assets will be distributed after your death.

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