News - Page 2 of 11 - Kevin J. Moore & Associates


Protect Your Inheritance: How Probate Litigation Can Defend Your Rights as a Beneficiary

Kevin J. Moore - probate litigation

One of the most responsible and loving gifts a parent or spouse can provide is an estate plan that clearly articulates the distribution of assets after their death. A solid estate plan can eliminate the probate process, protect wealth, minimize or eliminate taxes, and deliver financial security for generations to come. The wishes of the deceased are assessed, addressed through estate planning, often utilizing trusts. Without a plan, all assets and debts must […]

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When an IRA Trust is a Good Estate Planning Tool

ira trust - family estate planning

Many of my clients have accumulated substantial assets in an IRA. It is commonly, along with their real estate holdings, one of the largest assets they have in their estate. There are, however, certain issues that arise when the owner of the IRA passes away. Most notably, the assets in an IRA do not pass through a living trust. They pass to the beneficiaries pursuant to the terms of the […]

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International Tax Planning Helps Foreign Nationals Buy Peace of Mind

kevin j moore - international tax planning

In 2012, foreign nationals conducted about 17 percent of real estate transactions in California. They may have engaged the professional assistance of real estate agents and brokers to streamline the purchase process but without thoughtful attention to legal details around international tax planning strategies, they may be putting their U.S. assets at risk of significant gift and estate tax consequences – often to the tune of 40% of the property […]

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Don’t Forget Property Tax Issues When Planning Your Estate

kevin j moore - property tax issues

As a property owner or investor, you know the drill: the tax assessor establishes the value of any property you own at the time of purchase and you are responsible for the taxes based on that assessment. Your property tax rate may go up annually – but not by more than 2% a year thanks to Proposition 13. But what happens when you pass your property on as part of […]

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With the new year come new limits for the estate and gift tax exemption

On the campaign trail, President Trump promised to repeal the estate tax aka death tax. That plan failed. But the new tax law, effective since the beginning of the year, significantly reduces the number of estates that will need to pay the tax. It doubles the exemption limit for the estate, gift and generation-skipping taxes set for 2017. Portability remains in effect, as does the marginal estate tax rate of 40 […]

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Corporations 101: Double taxation, fringe benefits and write-offs

My corporations 101 series, which began with a look at roles, responsibilities and structure, continues. Let’s talk today about C corporations and money matters. When you create a C corporation, you’re establishing an entity that is legally independent of its shareholders and managers. The IRS views this entity as a “legal person” that can do business and make contracts. Most big brand companies are C corporations, and for good reasons: They […]

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Equity, debt and a process called ROBS: Funding a new business

Let’s say you’ve had an idea for a new venture. Maybe you want to open a cafe specializing in Viennese pastries. Or you’d like to start a writing school offering classes for IT consultants, attorneys and other professionals. Or you want to be a one-man company that plans trips for wealthy clients and travels the world with them. Depending on the business sector and other factors, your funding needs can […]

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Corporations 101: Roles, responsibilities, structure

How are corporations structured? What must you do to fund them and take money out? How do you set them up? What are best business practices? I’ve talked in previous blog posts about specific aspects of closely held businesses, such as shareholder disputes and the rights of minority shareholders. Today, I want to get back to basics with a series that I’m calling Corporations 101. Let’s start with the first question above: […]

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An Important Decision Regarding California’s Financial Elder Abuse Law

kevin j moore - elder abuse laws

The recent case of Mahan v. Charles W. Chan Insurance Agency, Inc. highlights the intricacies and reach of California’s elder abuse law. The facts of Mahan are representative of many financial elder abuse cases. As part of their estate plan, Fred and Martha Mahan in the 1990s created a revocable trust, the “Children’s Trust,” to hold their life insurance policies, with their daughter Maureen as trustee. The Mahans funded the […]

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Selling a business? How to avoid a lawsuit

Let’s say you run a small business, a tutoring company, an auto repair shop, a yoga studio. You’ve done well, but you’re also ready to retire. After much internal debating you decide to sell the business — and immediately you wonder what the potential pitfalls of a sale might be. The last thing you want is for the next owner to sue you. What should you be aware of as […]

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