by Bill Miller | Sep 14, 2018 | Business
The list of things a small business owner needs can be very long. Legal issues should be high on that list, though. Making mistakes on important legal decisions or failing to get the right advice can be devastating to a company. Let’s look at four legal needs of small business owners.
Choosing the Correct Business Structure
The most common business structures are sole proprietorships, corporations, partnerships, and limited liability companies. Each type of business entity has its own advantages and disadvantages that small business owners should carefully review. Choosing the wrong business structure makes a difference in:
- How the company will be formed,
- Who will manage the company,
- How taxes will be paid, and
- How much personal liability the owners are taking on.
For example, a couple named Harvey and Julia decide to open a small RV park. Because there are two owners with equal shares in the company, they will not be operating as a sole proprietorship. They are not interested in the formal structure of a corporation and dislike the double taxation. Harvey and Julia decide to form a limited liability company to take advantage of the tax structure and the protection from liability.
Negotiating and Signing Strong Contracts
Many companies rely on contracts to keep their teams afloat. Business owners should resist the urge to write those contracts themselves. A badly written or incomplete contract can be costly.
Two friends, Dave and Mike, run a small coffee shop near the local college. They have signed contracts with suppliers, their landlord, and a small marketing company. However, they care more about the quality of their lattes and the quality of their contracts. Because they failed to read the contracts carefully and have their attorney review them, they fell into some bad business relationships that cost them dearly.
Using Strong Non-Compete and Non-Disclosure Agreements
Even small companies may need protection from competitors and from misuse of confidential proprietary information. Two ways to do this are the non-compete agreement and the non-disclosure agreement
Julian S. was a key employee whose employer required him to sign a non-compete. This agreement may prevent him from leaving to work for a close competitor or from opening a similar business.
A non-disclosure agreement may prevent employees from stealing or misusing confidential information. Potential investors may be asked to sign a non-disclosure to prevent them from using or divulging data learned during investment discussions.
Complying with Government Regulations
It sometimes seems there are as many government regulations as stars in the sky. Complying with those rules and regs is difficult, but necessary.
Ronald M. ran a small print shop in Anniston. In addition to labor and employment laws, licensing and regulation, he also had to follow rules regarding the toxic chemicals he and his workers used every day. Violations of those rules and regulations could lead to big penalties and fines.
Consult with an Alabama Business Attorney.
The attorneys at Miller Estate and Elder Law make it their business to put their client’s needs first. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment or fill out our convenient Contact Form. We help clients in Anniston, Talladega, Birmingham, Gadsden and surrounding communities.
by Bill Miller | Sep 12, 2018 | Uncategorized
Generation X? Millennials? The Silent Generation? We’re fond of naming groups of people born during certain years. The largest group may be the Baby Boomers, who account for about 20% of the U. S. population. Born between 1946 and 1964, Boomers are reaching retirement age in record numbers. And, as boomers age, the possibility they will need some form of long-term care increases.
How many baby boomers will need long-term care?
According to some studies, about 70% of people over the age of 65 will need 24/7 care, either at home or in a nursing home. At this time, the baby boomer generation is somewhere between the ages of 54 and 72.
There are about 78 million baby boomers living in the U.S. right now, many over the age of 65. Baby boomers can expect to live a few years longer than their parents and grandparents. All this adds up to millions of people who may potentially need long-term care and for a longer period of time than previous generations.
When should a baby boomer start long-term care planning?
It is critical to start long-term care planning long before you need it. Ideally, baby boomers age 65 and older should already have a plan in place. However, people without long-term care planning are not without options.
One reason to start planning early is because of Medicaid. As the largest payer of nursing home costs, it is likely that baby boomers will need to be eligible for Medicaid benefits.
Is it ever too late to do long-term care planning?
Starting early is the best option. However, people of any generation can look into long-term care planning.
Many will need assistance paying for long-term care. Medicaid provides that assistance for those who qualify. But during the applicant process, Medicaid reviews the applicant’s records during the 60 month period prior to the application date. Planning ahead in this situation means avoiding certain kinds of property transfers and possibly establishing a trust. Since we cannot know when we will be incapacitated, if ever, then it is important to get this type of planning done as early as possible.
Learn More About Medicaid Eligibility.
The attorneys at Miller Estate and Elder Law know how to help you with long-term care planning. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We also offer free workshops and guides with more information about topics that matter to you. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Sep 10, 2018 | Uncategorized
Pobody’s Nerfect. Oh, that should be nobody’s perfect. Let’s face it: we all make mistakes. Some of those mistakes are small, with no lasting impact – easy to overcome. Other mistakes have a lasting effect, not only on us but on our children, too. Estate planning errors tend to be big errors. Let’s look at 6 estate planning mistakes:
#1. Failing to Keep Your Estate Plan Up-to-Date
A Will or estate plan that might have worked 20 years ago probably won’t work for you today. Why? Because things change. Estate plans should be reviewed and changed as often as necessary. Ask yourself these questions:
- Has anyone in my family been born, passed away, married, or divorced since I wrote my Will?
- Has my financial situation changed?
If you answered yes to either of these questions, it’s time to review your estate plan.
#2. Failing to Use a Trust.
Trusts are not for everyone. But many people who need a trust don’t know it. It’s a common myth that only rich people need trusts.
A trust may offer benefits like tax reduction, probate avoidance, asset protection, privacy, incapacity planning, and support for a loved one with special needs.
Talk to a qualified Alabama estate planning attorney to learn your options.
#3. Failing to Account for Personal Property and Business Interests.
If your estate plan is old, it’s likely that you have obtained or sold personal property that throws your old estate plan out of balance. It’s also possible that you may need a trust to protect and transfer property and business interests to your heirs.
Take special care with your estate plan if you own business interests. Your family and your business partners may be adversely affected by your ancient or nonexistent estate plan.
#4. Failing to Plan for Medicaid or Incapacity.
Estate plans tackle issues about death, but also about life as a disabled or incapacitated person. If your estate plan consists of a simple Will you wrote yourself, potential incapacity is probably not covered. Concerns about incapacity that require long-term care increase as we age. However, young people are susceptible to life-changing injuries also.
A complete estate plan will include a durable power of attorney and a health care power of attorney. Both of these documents address incapacity issues head on.
#5. Choosing the Wrong Executor.
People typically name an executor and a successor executor in their Wills. It may be tempting to name your favorite cousin as your executor. However, just because he makes the best barbecue in the state doesn’t mean he can handle probating your estate. Choose someone who is responsible, at least a little financially savvy, cares about your family, and is willing to serve if called upon.
#6. Hiding Your Estate Planning Documents
You may develop the greatest estate plan, one that checks all the boxes. You know your family will be well cared for. However, your estate may be thrown into chaos if no one can find your carefully drafted estate planning documents.
It is true that important documents should be stored in a safe place. However, make sure at least two people know where your estate planning documents are stored. Also make sure your family knows you have an estate plan and has the name and phone number of your attorney.
The Biggest Mistake? Not Having an Estate Plan.
Schedule a consultation with one of the attorneys at Miller Estate and Elder Law, and find out where you stand. Our phone number is 256-251-2137, or you may want to use the Contact Form on our website. We have offices in in Anniston and Birmingham and assist clients in communities like Hoover, Vestavia Hills, Irondale, and Calera.
by Bill Miller | Sep 7, 2018 | Medicaid
Most people have heard of Medicaid. Most people know that Medicaid is a massive program funded by the federal government. However, these three little known facts about Medicaid are important to help you understand how Medicaid might help you.
#1 – Medicaid Pays for a Limited Number of Doctor Visits
Becoming eligible for Medicaid benefits does not mean you can go to the doctor any time you want. Well, you can go but Medicaid typically pays for only 14 doctor appointments per year.
However, if you need to see the doctor more than 14 times a year, check with your local public clinics and federal health clinics. Otherwise, additional office visits will be self-pay.
Eye care and dental care appointments are separate from general office visits. Medicaid pays for one exe exam every three years. Most dental services are covered for Medicaid recipients.
#2 – Medicaid Might Pay for Transportation to Doctor Appointments
In general, Medicaid benefits include ambulance transportation when medically necessary. However, many people don’t know that Medicaid’s Non-Emergency Transportation Program may also cover transportation to and from scheduled appointments. There are some limitations, though:
- Visits must be medically necessary;
- The Medicaid recipient must be unable to find or pay for other forms of transportation; and
- The transportation must be approved by Medicaid five (5) days before it is needed.
If you may need this program, check out the FAQs or call 1-800-362-1504.
#3 – Medicaid Is the Nation’s Largest Primary Payer for Long-Term Care
As the baby boomer generation hits retirement age, more people will need some form of long-term care. The cost of that care continues to increase, and many people are just not prepared for it.
In this current climate, Medicaid has become the source of long-term care funds for many people. However, although 72.2 million people qualified for Medicaid in 2016 (including children and caregivers), the application process is long and hard. Many people are denied benefits.
Not Everyone Qualifies for Medicaid.
At Miller Estate and Elder Law, we help clients with long-term care planning and the Medicaid application process. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. Download a copy of our free guide, What You Need to Know About Medicaid Planning in Alabama.
We have offices in Anniston and Birmingham and we assist clients in the Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Sep 5, 2018 | Uncategorized
Choosing a business structure is one of the first and most important decisions a new business owner makes. In general, a business can operate as a corporation, partnership, limited liability company, or sole proprietorship. When starting your business, it’s important to ask, “Is a sole proprietorship right for me.”
Will a Sole Proprietorship Cause Your Business to Take Off?
Like all business entities, sole proprietorships have advantage, including:
- Formation. A sole proprietorship is the easiest kind of business to form. For example, it is usually not necessary to file any documents with the Alabama Secretary of State. New companies may register their business name, but that is optional. Other entities, like corporations, have to file forms with the Secretary of State and may be required to renew their registration annually.
- Management. A sole proprietorship might be the best option for you if you prefer flying solo. There’s no one to negotiate with or disagree with your choices. The owner is completely in control.
- Taxes. Sole proprietorships are pass-through entities. This means business does not pay taxes. Instead, the owner claims the company’s profits on his or her personal income tax return. Under the new tax bill, most sole proprietors receive about a 20% deduction from taxable business income.
However, sole proprietorships may not be right for everyone.
When a Sole Proprietorship Is Not the Best Solution
Like all business entities, sole proprietorships have disadvantages, including:
- Management. Going it alone can be lonely! With a partnership or corporation, there are other owners to help carry the load. Sole proprietors, though, shoulder all the responsibility of forming and managing the business.
- Liability. Some business owners enjoy limited liability because of the business structure they have chosen. Sole proprietors, however, are personally liable for most, if not all, claims against their business.
- Capital. Sole proprietorship typically find it more difficult to raise money for the business. Without shareholders or contributing partners, the sole proprietor usually borrows money. Some financial institutions are leery of this. Also, the business owner often uses personal property for collateral.
Review Your Estate Plans Regularly.
The attorneys at Miller Estate and Elder Law understand the estate planning needs of their clients. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment. Though our offices are in Anniston and Birmingham, we help clients in Talladega, Gadsden and surrounding communities.
