By Ryan Snow, JD

Effective estate planning often involves planning for the succession and transfer of a client’s business operations and business assets. Business planning becomes critically important when a large portion of the value of the client’s estate is derived from their ownership of a business. Estate planners may need to consider whether a transfer of a business interest is permitted, if obtaining the consent of the other business owners is required, or whether there are other legal constraints or obligations related to ownership of the business and its assets.

We have recently seen significant legal developments in estate planning, elder and special needs law, and business law, including the following: 

• The US Supreme Court ruled on the constitutionality of the mandatory repatriation tax 
• The New York Appellate Division upheld the constitutionality of a minimum spending requirement for nursing homes 
• A federal court decided a preliminary injunction on enforcement of the Federal Trade Commission’s nationwide ban of noncompete agreements  

To ensure that you stay abreast of these changes, we have highlighted these and other noteworthy developments and analyzed how they may impact your estate planning, elder and special needs law, and business law practices.

Some attorneys decide to practice estate planning right after graduating from law school. Others practice in other areas, only to become curious about transitioning fully or partially into estate planning. Most attorneys who make this transition feel great satisfaction and little or no regret about making this career shift. There are many reasons why estate planning is such a rewarding practice area and many additional reasons why now could be the ideal time to make the switch.