The IRS has proposed new regulations that, if enacted, could drastically affect estate planning for small business owners and farmers in California's Central Valley. Under the new regulations, the long-established practice of discounting shares of a family-owned business, including an agricultural business, would be curtailed.
In this California estate planning blog, we've written many posts about the importance of having an estate plan and of not postponing the estate planning process. But the process isn't necessarily over when the will or trust has been drafted, signed and witnessed. Every estate plan should be reviewed periodically to make sure it is up to date, and still reflects the testator's wishes.
We all want what is best for our family; however, in order to accomplish such a task, we need to think about the future and the what-ifs. For some California residents, this process is not always easy, but the reality is that estate planning can accomplish essential and major decisions that individuals of all ages and families of all sizes need to make.
It's probably safe to say that the majority of people who prepare estate plans in California leave their children equal shares of their estate. But, is this always the best way to do it? Are there times when it is actually fairer to leave unequal shares to the kids, and perhaps even leave nothing to a child?
As the baby boom generation ages, many people in California are dealing with the issue of elderly relatives who can no longer make decisions on their own behalf. When a loved one becomes incapacitated due to dementia, illness or injury, it is sometimes necessary for the court to appoint a guardian for that person.