By Jeff Roth

With all of the national concerns, even protection of our funds in a nationally insured banking institution can be at issue. Several years ago the government increased the amount of coverage from $100,000.00 to $250,000.00 per depositor, per insured bank, for each account ownership category. The government devised a very complicated formula to determine exactly how much would be protected. It combines the entire depositor’s like accounts in the calculation. Protection is granted based on ownership and stated beneficiaries.

An estate tax is a tax levied for the honor of dying. There were only 17 states that levied this tax. This January there will only be 16.
Effective Jan. 1, 2013, the Ohio Estate Tax is no longer. This tax was one of several reasons why Ohioans would exit the state and establish residency in a non-tax state.  Gov. Kasich vowed to repeal this tax if elected and he has followed through with his promise. This tax was 7 percent of all of a deceased individual’s assets over $338,333. This was the lowest exemption amount in the nation.
It is anticipated that the repeal will entice those couples to return to Ohio. These same couples also moved to a state that has no income tax so it will be interesting to see if the repeal will be enough to have them return.
The reason for the delay in its starting date was to give villages, townships and cities time to correct future budgets reflecting the eliminations of the funds. These entities received eighty percent (80%) of the estate tax revenue. Actually, I am not sure how the municipalities and especially the townships will replace this revenue but there has been very little complaining and it appears that the repeal will stand.

When it comes to estate planning, we each have our job and duties to complete a valuable estate plan.  

THE ATTORNEY
• 1 — FACTS, CONCERNS AND TRUTH DETECTING.  Anyone can prepare documents. It is the job of the attorney to learn as much about the family unit as he can.  We must look through the niceties to determine just how the family relates to each other. We must look into future generations to determine if they can continue the business or if it should be sold. We must glean from conversations your values, your desires, and how each member of the family fit into the family puzzle. The more we learn, the more we can design a plan to protect you, your assets and your future generations.

There are several business entities allowed in the state of Ohio.The purpose of this article is to show how these entities can be used to hold title to the family vacation home or that property that everyone in the family wants to continue to own for future generations. While mom and dad are alive, everyone can enjoy the vacation home with mom and dad owning title. After they are gone, suddenly four children own the property along with five grandchildren of the deceased son. Bottom line, it is just a matter of time until problems arise and either one buys out all of the rest with lifetime resentment or all are forced to sell so no one gets more than the other. Using a separate vehicle to hold title is not a guarantee of future cooperation but it allows the first generation to set the ground rules and each inherit subject to the terms of ownership. This of course will also work for the farm, the commercial property and the business.
The use of following entities will only work when absolute rules are established and clear decisions are made as to who is to be in control. Further, each family must contribute his or her financial share to maintain the property.
• LIMITED PARTNERSHIP — A limited partnership is a statutory separate entity created under Ohio law. The partnership has both general and limited partners. The general partners control ALL the business operations of the partnership, while the limited partners have no control of the partnership’s business operations and have very limited or no voting rights. This allows each family unit to have one voting unit and each descendant receiving a limited partnership unit that allows ownership without control.