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(Whenever I Get Pop Culture Inspired) Newsletter by the Law Offices of Odelia Goldberg

A Spoiler Alert of a Newsletter

It's June, Baby!

Welcome to another instalment of celebrity mistakes for our educational benefit! There are just too many stories to pick from these days....But, writing these newsletters is not all we do around here, we're also busy with your estate planning, real estate and probates. That's because we love you!


Feel Good y'all!


Best regards,

Odelia

What Can We Learn From a Napa Valley Winery?

Jay Corley, founder of Monticello Vineyards died in 2016 leaving behind his seven children to run his $30M winery. The kids aligned into two camps, one wanting to keep the vineyard in family hands and the other desirous (love that word) to sell it to the highest bidder. The years of scheming and plotting finally came to a head at a furious shareholder meeting recently where voices were raised, and accusations of fraud were thrown around the room. I wish there were cameras to capture it all!


So, what can we learn from this succession-like real life drama?


We can discuss the benefits of having a trustee manage a family’s interest in a trust. We can list the one or two members of a trust as the decision makers to run an interest in a company to avoid multiple folks from arguing or challenging each other. Especially when only some of the kids are involved in the business and/or some of the kids are prepared to manage a business. Just because someone is born to a businessman doesn’t automatically make them suitable to run a business. With that said, a trustee can make the decisions on behalf of the beneficiaries and spare the fighting and accusations. 


So, there we have it, we learn that a trust can hold an interest in a company and that sibling disputes may be avoidable through an estate plan, but it does make for good TV!

Other Stuff I Want to Tell You

How can a trust and an LLC co-exist?

There are several ways to incorporate a trust into an LLC. (1) Through the operating agreement, the trust can be a member (2) through an assignment of interest, a trust can hold an interest in the LLC (3) through a transfer of death designation the trust can be funded after the passing of a member.

What is the benefit of having a trust as a member of an LLC?

The obvious reason is (2) probate protection, but the trust also can provide (2) privacy (anonymity) as well as (3) incapacity protection should one of the members lack capacity at any time, the trust terms may control.

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