Whether you're the "gifter" or the "giftee", it's no secret you want to make the most of a gift. But Federal Estate Tax Laws can make your ideal gifting process a little hard to navigate, to say the least. In recent years, the tax laws have increased the exemption amount (the amount someone can pass without paying any Federal Estate Tax) to approximately $11.2M per person, while the annual gift tax exclusion has increased to $15,000 per person.

While that's a change in your favor, I think it's important to talk through the implications of a gift versus an inheritance. An inheritance, which is a transfer that occurs upon death of the gifter, results in something called “stepped up basis.”  A gift made during the gifter’s lifetime results in “carryover basis.”

Let's take a look at a real-world example to help make sense of these two ideas:

When a new company's formed, the potential breakup is typically the last thing discussed, because let's face it, it's uncomfortable. Unfortunately, though, it happens often, and it can be quite problematic. Founders might leave the company for greener pastures, new opportunities, or they may simply graduate college and move on. In the world of fast-rising startups, an experienced attorney can save your high-potential ideas from a disappearing cofounder with an understanding of two critical concepts: vesting and the 83(b) election.

Seeing your child grow up and become an adult is generally both exciting and somewhat frightening. They’re ready to take on the world, and now they can vote and even legally enter into contracts for the first time in their lives. For the average 18-year-old, though, they’re usually most excited about graduating from high school and ultimately getting out of your house.

In my mind, during this transition period in their life, it's good to give them the responsibility that comes with being an adult. As a parent and an attorney, I don’t encourage anyone to continue to treat adult children like they treated them when they were in elementary or junior high. They should begin being responsible for their own decisions and being aware of their own deadlines. 

However, what if something happens? What if they get sick? What if they get into a situation where they really need your help?

Think you have an idea? Like a really good idea? Well, it may be worth nothing if you don't get the proper protection in place. But how do you know if you need protection? And another question: how do you know what kind of protection you need? A patent? Trademark?

The good news is, we came up with an idea of our own. It's called Informed IP.

As a business person, you no doubt are aware that bankruptcy effects the state of trade. In day to day operations, when providing goods or services to a struggling entity or individual you know, getting money due from your customers can prove to be difficult.

Perhaps you were lucky enough to receive some funds from your customer prior to its filing bankruptcy. Just when you were thanking your lucky stars for the little amount money you were able to receive from your customer prior to its bankruptcy filing, you receive the dreaded demand letter from the bankruptcy trustee in the mail and it hits you in the face like a splash of cold water. You’re being told you have to give it back any money received from 90 days prior to your customer filing bankruptcy.  And it's not some sort of bad joke, either.