Eric Wilen presented his program “Navigating the Estate Planning Client Through Common Myths and Competing Voices” to the lawyers of the DuPage County Bar Association in June 2022. Eric discussed how estate planners can filter, evaluate and address clients’ most frequent misconceptions, fears, misinformation and “free” advice they receive from social media, family and friends about estate planning probate, taxes and inheritances before their first meeting with a competent, committed and capable estate planner, in order to meet the clients’ needs and exceed their expectations. As a distinguished estate planner and tax advisor, Eric often addresses groups of attorneys, accountants,…
Continue Reading Eric Wilen presents program: ‘Navigating the Estate Planning Client Through Common Myths and Competing Voices’

Operating your business as a limited liability entity generally protects your personal assets from claims of business creditors, but the informal operation of small to mid-sized and family-owned businesses can sometimes weaken that protection when things go bad, allowing a business creditor to reach the owners’ personal assets. Some of the areas where the risk is highest include:

• Signing Documents/Guaranties. Avoid personal guaranties, recourse loans and providing your personal information for business credit, and always sign as a representative.
• Breach of Fiduciary Duties. Officers, directors, employees and sometimes shareholders owe fiduciary duties to the entity and their improper conduct gives

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Blended families bring unique challenges to wealth, retirement, financial and estate planning. Divorce decrees, second families, new in-laws, stepchildren and a whole new clan are some of the issues to address. Using experienced counsel can ensure your wishes are honored and family disputes after your death are minimized. Some of the planning tools available for blended family planning include:

• Will.  The ultimate planning document and the final backstop to ensure your wishes are honored. While there are formalities, it can be changed by codicil or replaced when your wishes or situation change.
• Living Trusts. They hold your assets during life

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Asset protection planning is taking proactive steps to protect your personal or business assets and income before there is a legitimate threat or claim against you or your business. This is not giving away or transferring your assets to other parties, that carries its own risks, nor hiding your assets, but organizing and compartmentalizing your assets in order to isolate and protect them from creditor claims. Some asset protection planning you can do include:

• Insurance. Liability, property, life, auto, business, E&D, D&O, cyber and other types of insurance should be considered and acquired to protect you and your assets in

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Unexpected supply-chain tie-ups, price increases, delivery delays and product shortages recently plagued many businesses. If they are not bad enough, handling the situation poorly can also result in contract breaches, customer/supplier losses, damages and lawsuits.
To minimize these unfortunate results, we recommend that you try to get ahead of the situation and offer these tips:

• Communicate with your customers/suppliers to let them know you have some supply/cost issues and may not be able to meet your deadlines/pricing.
• Be proactive and encourage customers to order early, suppliers to confirm inventories and deliveries, and to lock in current prices when possible.
• Buy

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Continue Reading Supply Chain, Product Increases and Shortages

Manufacturing delays, transportation shortages and overall supply chain issues caused problems for many businesses from manufacturing to retail. These situations outside of your control can also result in further problems for your business if you fail to supply, provide or have in inventory sufficient products for your customers. There are steps you can take to avoid, limit or minimize claims against you in these situations.

• Review any and all contract documents to assess your potential exposure and the obligations others owe to you if these problems arise.
• Redraft or amend your contract documents to limit your exposure in the

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When the owner or owners of a closely held small business decide its time to sell or are approached by a potential buyer, the first order of business should be determining the business’ value or the value of the selling owners’ interest. Innumerable factors are considered in determining the value of a small business, and appropriate professional advice from your accountant, lawyer, business valuator, appraiser, tax adviser, business broker, industry experts and other consultants should not be overlooked. In addition to the book, replacement and market values of your business, other factors to consider include:

• Legal Constraints. Corporate bylaws, and

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Continue Reading Valuing a Small Business for Sale

To many people estate planning is merely preparing a will to tell your executor what to do with what you own when you die. But, estate planning is more than just drafting a will. It includes tax efficiencies, wealth preservation, asset protection, efficient asset ownership, retirement planning and business succession planning.
Estate planning can include:

• Will.  Appoints and directs your executor what to do with your property after your death.
• Trust.  Allows you and your successor trustee to handle your assets in private.
• Special Needs Trusts.  Provides for a disabled person without loss of government aid.
• Healthcare Power of Attorney. 

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Continue Reading Estate Planning is Tax Efficiency and Wealth Management

Each business, or at least its ownership, has a life cycle and particularly with multiple owners it is important to consider at the business’ inception how the business may end or an owner leave. While the law provides a mechanism to end a business or one’s ownership, owners agreeing to some sort of buy/sell arrangement is preferred. Some of the factors to consider in drafting a buy/sell agreement include:

• Valuation. Any agreement should include a method or formula to value the business at the time of the sale that may change over time and contain discounts or reductions.
• Situation. The

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The law legalizing recreational cannabis also provided for the expungement (removal) of all court records regarding various prior cannabis arrests, citations and convictions. While each county’s States Attorney was charged with doing the expungements, few did. The Illinois Supreme Court just released forms for do it yourself cannabis record expungement: www.illinoislawyernow.com/2021/11/illinois-supreme-court-releases-cannabis-expungement-court-forms
If you have any questions, or if we can help you erase any prior criminal records regarding cannabis or other matters, please contact us.
info@NapervilleLaw.com
This Bulletin is designed to provide our friends and clients with information regarding the various subject matters covered, it is not designed to take…
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As an increasing number of seniors opt to remain in their homes with the assistance of non-family caregivers, there is an increasing risk that they could be victimized by an unscrupulous caregiver. Even if retained from a reputable source, background checked, highly referred and closely supervised, the family could be surprised to learn a caregiver improperly persuaded a relative to make a substantial gift or bequest to the caretaker or his/her family. Since 2014, the Illinois Probate Act provides that transfers of over $20,000 to a caregiver that is timely challenged by heirs is presumed to be void, putting the…
Continue Reading Caregivers Concerns