For high-net-worth individuals, estate planning is more than just deciding who gets what. How assets are titled, transferred, or held can trigger unexpected legal and financial consequences — especially when it comes to capital gains. While many focus on estate and gift taxes, overlooking how capital gains interact with your legal structures can derail your legacy goals.
Reena Gulati Blog
Why Clearing Title Isn’t Always as Simple as It LooksrnrnWhen a loved one passes away, most people think the hardest part is the emotional loss, and that legally transferring property is just a matter of paperwork.rnrnBut often, that “paperwork” reveals something much more complicated:rnA deed that was never updated.rnA co-owner who passed away years ago without probate.rnA missing heir no one has heard from in decades.rnrnWe call this the “ghost owner” problem, and it’s one of the most common issues we see when real estate is inherited or being prepared for sale.
Many families today hold real estate through LLCs for asset protection and liability reasons. At the same time, more and more are using revocable and irrevocable trusts as part of their estate plan to avoid probate, protect privacy, and plan for smooth wealth transfers.rnrnBut what happens when those two tools intersect?rnrnCan a trustee automatically step into the shoes of a deceased LLC member? Will the operating agreement recognize that trustee as a valid decision-maker? And what if it doesn’t?rnrnThese questions often come up during moments of transition—after the death of a parent, during a refinance, or when it’s time to sell inherited real estate. At that point, if the documents weren’t set up to speak to each other, the result is confusion, delay, and sometimes conflict.
The Corporate Transparency Act (CTA), enacted in 2021, marks a significant shift in corporate transparency requirements for small businesses in the United States. This law aims to combat money laundering, tax fraud, and other illicit activities by requiring companies to disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN).
Estate planning is a crucial aspect of securing your legacy and ensuring your loved ones are taken care of after your passing. One of the most effective tools in this process is a trust. Trusts offer numerous benefits, particularly in avoiding the often cumbersome and costly probate process but that isn’t the only reason to have a trust.
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