Asset Protection Planning

Minto Law Group, LLC combines asset protection planning with virtually every other aspect of its businesses. Asset protection planning is simply the advance placement of assets in areas where your future creditors cannot reach them. Please understand that we do not advocate nor represent anyone who attempts to hide their assets. Rather, we use the laws of many state and foreign jurisdictions and certain business and trust entities to place assets where creditors can see your assets but simply cannot touch them. As stated in other sections of our materials we believe in the full disclosure and copiously comply with all reporting requirements.

Properly implemented asset protection plans provide the safest places available for the protection of your hard earned assets. Please click on the link that follows which takes you to a power point presentation that more fully discussed the asset protection planning. There are a total of three power point presentations that will move you from the simplest of asset protection strategies to some of our most complicated.

Please contact an advisor at Minto Law Group, LLC to discuss your asset protection needs.

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Business Succession

At Minto Law Group, LLC the concepts of business succession planning are considered in light of the everyday business, economic and family realities in order to create strategies that allow family and business wealth to pass as smoothly as is practical to the succeeding generations. There is no cookie cutter approach. Every business succession client brings its own set of unique problems and opportunities that can only be dealt with effectively by hitting head-on, in a no-nonsense manner, the facts and issues that will impede a successful business transition.

Over eighty percent of family owned businesses simply do not make it to the second generation. This high failure rate is attributed almost entirely to a lack of planning. Often, when planning is undertaken, difficult family issues are glossed over and left unresolved. Generally planners (and their clients) tend to believe that attempting to deal with questions such as which child (or children) should run the business after the parents retire or die, and what should be provided to those children who decide to pursue goals outside the family business, are too full of land mines and just should not be discussed. These issues, and others, if left unresolved during the life of business founders, often cause business succession failure.

At Minto Law Group, LLC we deal with these and other issues in a sensitive yet straight forward manner with family members to resolve these problem areas while everyone is alive and well. Of course we will advise on the most appropriate financial structures and implement those structures, but only after the appropriate cross generational issues are fully explored.

We believe you will be well served by allowing the professionals at Minto Law Group, LLC to assist you in the development and implementation of your business succession plan.

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Business Tax Strategies

Minto Law Group, LLC specializes in the development and implementation of a wide range of sophisticated tax savings strategies for both individual and business taxpayers. These strategies include, among others, both international and domestic captive insurance structures, self canceling installment note transactions, leveraged irrevocable life insurance trust transactions, offshore life insurance structures, domestic irrevocable trust structures for state tax planning purposes and strategies designed to reduce the total income and estate tax burden associated with pension, profit sharing and retirement plan distributions.

While the strategies set forth above name just a few of the tax saving strategies that we utilize, there are many other that we use depending upon the facts and circumstances presented by our clients. Please be advised that our strategies are tried and true and have been accepted by the Internal Revenue Service or are expressly permitted by the Internal Revenue Code. We take a very conservative approach to planning and have the greatest deal of respect for the law. We take pains to ensure that every transaction we undertake is reported completely and thoroughly to the Internal Revenue Service or the Department of the Treasury, as the case may be.

Moreover, we recognize that many of these transactions can become quite complicated and involve many areas of the law and even foreign jurisdictions. Therefore we have developed strategic partnerships with the best legal, accounting and insurance advisors that who have demonstrated their excellence to us both through their professionalism and their ability to get the job done right the first time. This ability to bring to bear the best advisors available in a given area allows us to complete tasks that in many circumstances could not be accomplished by even the largest of legal or accounting firms. Even with their size they simply cannot have the best in all fields available on an ongoing basis.

We believe you will be making the correct decision by allowing Minto Law Group, LLC to provide tax advice to you and your business.

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Charitable Entities

As families begin to accumulate wealth, the area of charitable giving usually becomes more and more attractive, from both a legacy and tax planning point of view. Congress, through the tax code, has provided many generous opportunities for families to provide significant charitable legacies for their families while simultaneously gaining significant tax savings opportunities. A properly planned and executed charitable plan will allow our clients to save sixty percent or more on their federal income, gift and estate tax bills. Moreover, for wealthier families, the creation and maintenance of a family charitable foundation allows them to concentrate their charitable giving in one place where it can be effectively managed and reviewed. This concentration of giving is often preferable to the spread out and disorganized charitable giving undertaken by many wealthy families.

Ralph Minto, Jr. is a founding member of the Pittsburgh Foundation’s Business Advisory Committee. Minto Law Group, LLC can assist you in all matters pertaining to the creation, operation and maintenance of all types charitable planning, whether simple or complex. The following link will take you to our course where we more fully discuss many of the charitable planning opportunities.

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 PowerPoint Presentation: Planning with Charitable Trusts

Elder Law

We specialize in all areas of elder care law including, but not limited to, Medicaid eligibility, preserving family assets while qualifying for Medicaid, the Medicaid application process, qualifying for community based and in-home care, patient rights in long-term care facilities, family care giver contracts, special needs trusts, inheritance and tax issues, guardianship and long term care insurance. As part of our team approach, we work in connection with hand-picked insurers and financial advisors. The attorneys at Minto Law Group, LLC understand the needs of the elder community and represent our clients in a caring and compassionate way to help them achieve their planning goals.

ELDER LAW SERVICES

  • Medicaid application/appeal process
  • Advance and crisis planning for Medicaid eligibility
  • Preserving assets while qualifying for Medicaid
  • Medicaid Estate recovery
  • Qualifying for community and home based services
  • Patient’s rights in assisted living facilities and skilled nursing care facilities
  • Qualifying for social security benefits
  • Estate Planning
  • Asset protection
  • Real estate
  • Qualifying for VA benefits
  • Accessing DRA complaint long term care insurance
  • Family caregiver contracts
  • Special needs planning/trusts
  • Guardianship
  • Elder Abuse
  • Safety/security issues for the elder population
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Employment Contract Disputes

Employment relationships can involve contracts in many different contexts. We have represented clients on issues involving signing non-compete or non-solicitation agreements at the beginning of an employment relationship, as well as negotiating and drafting a fair severance package at the end. We have negotiated and drafted employment contracts and have represented clients who have been wrongfully terminated in violation of an employment contract. Before you enter into an employment contract, sign a severance package, or sign a non-compete or non-solicitation agreement, or if you feel that you have been wrongfully terminated in violation of an employment contract, please contact us for a consultation.

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Employment Discrimination

Under Title VII of the Civil Rights Act, the Americans with Disabilities Act and the Age Discrimination in Employment Act, as well as the Pennsylvania Human Relations Act, employers may not discriminate against an employee or potential employee on the basis of race, gender, age, disability, national origin or religion. Federal and state statutes also protect employees from harassment and hostile work environments on the basis of being a member of any of these protected classes. Employers also may not discriminate against employees that take advantage of the provisions of the Family and Medical Leave Act. Under the FMLA, employees may take up to 12 weeks of unpaid leave each year for having a serious medical condition, the birth or adoption of a child, or to care for sick family members. If you feel that you have been discriminated against, been subject to a hostile work environment, or have been retaliated against for taking advantage of the protections offered by any of these laws, please contact us for a consultation.

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Special Needs

We understand the requirements of a special needs person with a physical or mental disability, or an individual with a chronic illness. We can create trusts for his or her benefit in unlimited amounts. A proper special needs trust allows a disabled person to receive gifts or other funds and not lose eligibility for certain government benefits, as those assets would not be considered for purposes of qualification. If the special needs trusts is sufficiently funded, it could pay for items like education, recreation and medical attention beyond the simple requirements that could not be paid for by public assistance funds.

At Minto Law Group we represent our clients in a caring and compassionate way to help them achieve their planning goals.

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Estate Planning

The Minto Law Group, LLC believes that estate planning is a process designed to improve the quality of life for your loved ones. Estate planning empowers you to control how your assets are used in the event of an illness as well as how your assets and legacy are to be passed onto future generations.

Our firm’s emphasis on expanded client counseling and education stands us apart . We thoroughly cover with you how your estate plan works and on what actions you need to take during your lifetime to assure that your estate plan performs in the manner you expect. Timely and diligent administration of your plan is as essential as the quality of the legal documents themselves.

This commitment to full service requires a higher level of client support than provided by most firms. Whether you are planning to reduce estate taxes, avoid probate, protect a child’s inheritance from divorce or creditors, it is critically important to manage the mechanics of your estate plan. Our estate plans are designed to succeed beyond what is common in today’s marketplace.

Beyond drafting the highest quality documents customized to your unique needs, our firm guides and supports you in the practical matters that make your estate plan work and preserve your legacy. Towards this end, we offer complete trust funding services that ensures that your assets not only are properly planned in the event of disability or death, but also that the assets, in fact, are transferred as you desire. Again, this service stands us apart from other firms that merely draft documents. Trust funding is one of, if not the most, critical element in successful estate plans. We also offer education and training to ensure that the loved ones you designate know what to do should they need to assist.

Our trust settlement services help to ease administration at death for your loved ones, again, by ensuring your wishes are carried out according to your estate plan.

Our philosophy emphasizes the most current estate planning documents, completely customized to the unique needs and circumstances of you and your loved ones. Beyond quality legal documents, we are committed to the mechanics that make your plan work. This administrative and educational emphasis helps to ensure that your estate planning goals are achieved.

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General Business

Choice of Entity – At Minto Law Group, LLC we offer advice and direction to entrepreneurs on the most advantageous choice of business structure to meet their specific needs. The choice of entities that we routinely work with include but are not limited to Sole Proprietorships, Partnerships, Limited Partnerships, Limited Liability Partnerships, Corporations, Sub-Chapter S Corporations, Statutory Close Corporations, Professional Limited Liability Companies, Limited Liability Companies, Non-Profit Corporations, and Business Trusts.

There are many permutations and combinations of business entities that may grow from those listed above. As an example, it is not uncommon to see a limited partnership with a corporate general partner.

At Minto Law Group, LLC, we pride ourselves on being team players. In any business formation we work closely with entrepreneurs to establish the characteristics of a particular business enterprise that are in sync with their business plan; such as the ability to easily take in new investors, allow for flow-through treatment of income, the allocation of income and losses, assets protection considerations and choice of jurisdiction. We are always cognizant of the tax implications of any choice of entity under consideration. Federal income and excise taxes as well as state and local realty, income and franchise tax implications can seriously impact the choice of business entity.

We believe you will be well served by allowing the professionals at Minto Law Group, LLC to assist you in the formulation of your new business enterprise.

Corporate Governance – The Minto Law Group, LLC lawyers are corporate advisors and counselors. Through our experience and background, we are well equipped to provide the full spectrum of corporate governance and compliance assistance and support to all of our corporate clients, in the U.S. and abroad, consistent with their cultures and values, marketplace dictates, and the requirements of government authority and securities exchanges. In the area of corporate governance, we constantly advise clients on board and committee structures, as well as shareholder issues. In particular, we counsel boards and board committees on sensitive internal matters and investigations, as well as special committees charged with responding to potential acquirers.

In the compliance area, we tailor compliance programs in any number of areas, including

  • Foreign Corrupt Practices Act
  • Antitrust/fair trade/unfair business practices
  • Environment/health/safety/product integrity
  • Human resources issues, including employee relations, employee privacy, protection of company information, conflicts of interests and self-dealing
  • Tax compliance matters

Employment Agreements – While most employees are considered “employees-at will,” which literally means you are working at the will of the employer, some employers and employees enjoy the additional formality of an employment contract. It is important to have your employment contract reviewed by an experienced attorney before it is finalized. There are also situations where counsel is needed after execution of the agreement, if the terms and conditions of employment are breached or the premature termination the employment relationship.

Employment contracts are often difficult to understand and negotiate. Each contract requires a careful, focused, and thorough evaluation by a competent attorney. Minto Law Group, LLC maintains an excellent reputation in this field with employers, employees and the legal community. Depending on the particular facts of your situation and your specific goals, the attorneys at Minto Law Group, LLC will work with you to negotiate with your employer or employee, and represent you in federal or state court.

Please be aware that there are sometimes strict deadlines associated with the terms of an employment contract. If you would like a thorough evaluation of an employment contract do not delay in contacting Minto Law Group, LLC for a comprehensive consultation with an attorney.

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Litigation

The litigation practice spans a wide range of litigation matters, including traditional commercial disputes such as breach of contract, employment agreements and construction/engineering contractual and work scope disputes.

Minto Law Group, LLC is also well equipped to handle probate litigation as well as sophisticated tax litigation in all state and federal venues.

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Mergers & Aquisitons

In the course of our representation of successful business owners and entrepreneurs, we grow with them and often times we see an eventual desire to expand or sell off their hard-earned enterprise. It is a natural part of their business life cycle. We are honored to regularly counsel and guide our clients through the complex process of acquiring, selling or reorganizing their business. Our expertise focuses on servicing small to mid-market organizations.

Our mergers and acquisitions practice is a highly active practice within our firm. We are committed to closing deals for our clients in a highly detailed yet cost effective manner, and we have completed numerous transactions in multiple industries in the last several years. Our clients typically include closely-held businesses ranging in size from $2 million to $25 million in annual gross sales, in deals ranging in size from $5 million to $65 million. Most are longstanding clients of our firm, but occasionally we are retained as special counsel due to our reputation in the field.

At Minto Law Group LLC, we pride ourselves on being team players. In a transaction of any size, we work closely with business brokers, accountants, tax, insurance and retirement benefit advisors, and other professionals to ensure an effective and efficient transfer of the business. However, we are not afraid to go to the mat on behalf of our clients during negotiations on issues which are of importance to them. We are pragmatic in our approach, desiring to assist our clients in achieving their business aspirations by identifying and resolving those problems that may stand in their way.Our clients include sole proprietors, partnerships, limited liability companies and privately held corporations. Our clients come from such industries as real estate development, health care, research, management consulting, and manufacturing.Whatever size or nature of business you operate, Minto Law Group LLC can assist you in identifying opportunities to sell your enterprise – or add to it – and make your business dreams a reality.

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Federal, State & Local Tax Representation

The prospect of owing either corporate or individual taxes, along with penalties and interest can be daunting. Minto Law Group has successfully represented taxpayers in disputes with the Internal Revenue Service Appellate Division in over one hundred cases. We have represented taxpayers under investigation by the IRS, including investigations for criminal violations, both international and domestic. We represent taxpayers in the United States District Court, the United States Tax Court, various state and local courts and the Department of Labor. As a result, we know what tax strategies are standing up to IRS scrutiny. There are many other strategies that Minto Law Group uses depending upon the facts and circumstances presented by our clients. Please be advised that our strategies are tried and true and have been accepted by the Internal Revenue Service or are expressly permitted by the Internal Revenue Code.

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