Top 10 Estate Planning Advantages of LLCs

To me, estate planning and business planning are two sides of the same coin.  Of course, business owners need estate planning.  More directly, good estate planning often uses business entities and contracts.  For example, this article titled Top 10 Estate Planning Advantages of LLCs was written by Professor Paul Caron back in 1996 but it still has a lot of good information.  Caron is the host of Tax Prof Blog and a professor at the University of Cincinnati College of Law.

I'm a particular fan of reason number 1: Participation in Management.  In my view Family Limited Liability Companies (FLLC) have many advantages over Family Limited Partnerships (FLP) and one of those advantages is that LLCs don't need a general partner.  No one wants to be the general partner, so if my clients can avoid the need for a general partner that's a good thing. 

Another of my favorites is Number 9: Alternative to Trusts.  LLCs allow for more flexibility in management than trusts and can allow members to participate in the management and administration of an LLC far more than beneficiaries can participate in the administration of a trust.  That's one of the reasons I like LLCs to hold real property when there are multiple owners.  That may be the family cabin or vacation home or the farmland inherited from Grandpa and now held by the grandkids. 

To use the vernacular of a younger generation: LLCs rock!

 
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