By On Sep 15, 2019 Templates
Many business owners choose to form an LLC because they are unfamiliar with the many legal nuances between different entity choices, and they simply assume that an LLC offers the most protection from risk because it has limited liability in its name. In reality, a properly formed and operated LLC does indeed limit the personal liability of the owners, as much as U.S. law allows, by affording the owners no personal risk above and beyond their investment in the company-but, in many instances, so do corporations and certain partnerships. Of course if a small business owner of any entity form fails to respect the separate and distinct identity of the business or observe statutorily required corporate formalities (such as co-mingling personal and business funds, paying owners instead of creditors, or failing to maintain a registered agent), the integrity of the corporate shield provided by law will be compromised and potentially expose the owners to personal liability. Generally speaking, though, the basic requirements to operate an LLC within the confines of the corporate statutes are not particularly onerous.
Over the last decade, limited liability companies (LLCs) have become one of the most preferred forms of business entities through which to hold title to investment real estate properties. LLCs did not come into existence in the United States until 1977 when the State of Wyoming enacted special legislation to accommodate the needs of oil companies. Prior to LLCs, real estate investors seeking limited liability protection were largely limited to using corporations to acquire title—a form of entity that has potential drawbacks. Florida followed Wyomings lead a few years later by enacting its own LLC statute in 1982 and now all 50 states have enacted legislation creating some form of the LLC business structure. The insulation from personal risk exposure for real estate investors provided by LLCs, coupled with the relative ease of administration and potential tax benefits, make ownership of investment property through an LLC a very desirable option in most instances.
Most people who seek to create a will have simple estates. The average person has a home, a spouse, some bank accounts, a vehicle, some investments, and some valuable personal property. There is nothing complex or confusing. In fact, a lot of that property is probably already set up to pass without a will (a home owned as tenants by the entirety or investment accounts owned as joint tenants with right of survivorship pass without a will just by the way they are owned). If you do not complete a will, the rest of your assets are distributed according to your states intestacy law (the law that governs what happens to property that is not protected by a will or other estate plan), so it makes sense to take a few minutes to fill out a form that clarifies your wishes. If you just want to be sure all of your property gets left to your spouse or your children or grandchildren (or if you have specific items you want to give to specific people, such as jewelry or meaningful mementos), a free last will and testament is an easy way to accomplish that. The smaller your estate, the easier the case becomes for using a will template. Free will templates allow you to choose an executor who will manage your estate, as well as a guardian if you have any minor children. Writing a will template allows you to cover every single important issue that needs to be addressed to provide complete peace of mind in most situations.
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