Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Family Limited Partnerships
Family limited partnerships and limited liability companies (collectively, FLPs) are ubiquitous in estate and asset protection planning. The odds are that you will encounter one or more FLPs in discovery with increasing frequency. The question is, what do they mean to the divorce negotiations and settlement, and how can you be certain that your client gets a fair deal? When these entities are set up for estate and asset protection planning, the very mechanisms that reduce values for estate and gift tax purposes and make it harder for creditors to reach the assets will also make it more difficult for you to negotiate a fair and equitable distribution settlement, and a reasonable alimony and child support payment based on the income generated by the entity. This article explains and highlights in general terms how these mechanisms work, and provides a checklist of issues that you can use to attack these entities – thereby obtaining a better settlement for your client.
The Hurdles
There are several hurdles to overcome in order to settle the distribution of an FLP. Some of these include:
- Discounts. If your client's ex-spouse had formed a family limited partnership, he or she may claim that the value of the underlying partnership assets have to be substantially discounted in determining equitable distribution. While the status of such discounts is uncertain (the IRS challenges them for tax purposes, and some state courts have questioned their applicability to divorce cases), the issue may have to be addressed.
- Control. If the distributions from the FLP are subject to substantial restrictions, they may arguably be beyond the control of your client's ex-spouse. Thus, the FLP could generate substantial earnings, yet the ex-spouse may claim that he or she has no access to them. Furthermore, the FLP agreement may designate a person who is not party to the action as general partner (or manager for an LLC) and grant him or her veto power over distributions.
- Decreased Assets. A general partner or manager may extract a substantial portion of the earnings of the LLC in the form of salary, thus minimizing the earnings allocable to your client's ex-spouse. The partnership (operating) agreement may have severe restrictions on sale or transfer of FLP interests.
How does the matrimonial attorney confront these roadblocks to a settlement?
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?