The Counselor Blog

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The American Taxpayer Relief Act

Lake Superior State University recently released its “2013 List of Banished Words” and the phrase receiving the most votes was “fiscal cliff.” I would probably join most of you in agreeing that if anyone else “doubles down” on the folks in Washington D.C. “kicking the can down the road” on the “fiscal cliff” again I might just scream.

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Tax Free IRA Transfers to Charity Deadline is January 31

Time is running short to take advantage of tax free IRA transfers to charity for 2012. The American Taxpayer Relief Act of 2012 enacted on January 2, 2013 extended the authorization of qualified charitable distributions (QCD) from IRAs for 2012 and 2013. IRA owners aged 70½ or older can have otherwise taxable distributions of up to $100,000 paid directly to an eligible charitable organization. A QCD can be made to satisfy any required minimum distributions for the year.

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Merry Christmas

In the classic Dickens’ tale A Christmas Carol, upon hearing the ghost of his old partner Marley lament his miserable fate, the yet unchanged Scrooge says: “But you were always a good man of business, Jacob . . . .” To which Marley’s ghost cried: “Business! Mankind was my business. The common welfare was my business; charity, mercy, forbearance, and benevolence, were, all, my business. The dealings of my trade were but a drop of water in the comprehensive ocean of my business!”

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15 Fundamental Questions to Ask if You Own a Farm or Ranch Business

Some thoughts from my presentations at the IFA Crop College last week in Logan, Payson, and Vernal, Utah. By definition, succession planning is a process of decision making that protects the ongoing viability of the agricultural operation, provides for the orderly transition of the agricultural operation to new ownership, and preserves family harmony. In order to accomplish these three goals for your farm or ranch business, it is essential to answer these 15 fundamental questions:

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The Conversation

I watched a story the other day on ABC News about what they referred to as “The Conversation.” The “conversation” they are referring to is the one about end-of-life care. According to the story, simply having this conversation with your family about what your end-of-life wishes are will dramatically reduce the likelihood of post-death depression in your family members. I concur in the implications of the story. Terminating a loved one’s life support is probably the most difficult decision a family will have to make.

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Law of the Harvest

You reap what you sow. Through experience or otherwise, we all learn this immutable law of the harvest from an early age. As I travel around Cache Valley right now the evidence is everywhere that as winter approaches, the local farmers have already begun preparation for next year. We know that we cannot grow an apple tree by planting corn. We also know that planting the seed by itself is not enough. There is a process that must be followed.

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The Four Pillars of Comprehensive Planning

Yogi Berra is reported to have said: “If you don’t know where you’re going, you’ll probably end up somewhere else.” The same is true of succession planning. I am presenting at a series of seminars put on by IFA in November throughout the state of Utah on the topic of Succession Planning for Farmers and Ranchers. In preparing I have been studying again the four pillars of planning applicable not only to farmers and ranchers, but really, all family owned businesses.

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2012 Year End Planning – Don’t Let Your Carriage Turn Into A Pumpkin

We all remember from the story of Cinderella how she was given a great opportunity to attend the Prince’s ball, but that the magic would wear off at midnight. With just over two months left in 2012, this year appears to be the estate planning equivalent of the Cinderella story. Under current law, before the clock strikes midnight on December 31, every American can transfer up to $5.12 million free of federal gift, estate and generation-skipping transfer tax. If Congress does not act by the end of this year, the exemption in 2013 will be just $1 million. This exemption, when coupled with historic low interest rates and valuation discounts, mean families can transfer significant assets at little or no tax.

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Identifying Your Successor – Don’t Forget the Intangibles

As I work with farms and ranches as well as other family owned businesses, one of the most difficult tasks is identifying the right successor. A recent post on AgWeb News discussed this issue in regards to the commitment required of the succeeding generation to spend the time understanding all aspects of the operation including business management. I would agree that this commitment is mandatory.

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Special Needs Planning

Saturday, September 22, 2012 was the 50th anniversary of a landmark article written by Eunice Kennedy Shriver in the Saturday Evening Post. The article was catalyst for change and ignited a revolution in the way we treat people with intellectual disabilities. In recognition of this anniversary I thought I would share some thoughts on planning for those with special needs.

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