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A concern common to all estate and financial planners is “How Do I Get My Clients to Realize How Important it is to Do Planning?” Regardless of how knowledgeable and skillful the planner may be, getting in front of a client and motivating that client to take positive actions is an ongoing challenge for all of us. 

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As your clients may be aware, the American Tax Relief Act of 2012 has made significant changes in the income taxation of individuals and estates and trusts, estate, gift and generation-skipping taxation and more.

Much has changed in the law. It is likely that at least some part of these changes have a a direct effect on your clients. This letter mentions some of these important changes and encourages clients to contact you so that they can discuss with you how to best address their tax and estate planning needs.

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This is a Form of Estate Planning Questionnaire. Some call it a “Fact-Finder”. When doing estate planning for any client, regardless of wealth or circumstances, the estate plan is only as good as the facts it supports. A draftsman can have a client sign a perfectly drafted document, but unless it suits the client’s circumstances, it is essentially worthless.

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This is a basic Form of a Management Agreement that may be used to recognize the services that a person is performing on behalf of an entity, and to allow compensation to be paid to that person. In many family business situations, regardless of the manner in which the equity ownership interests are held, one family member may be performing a significant part of the day-to-day management services. This Agreement allows that person to be compensated for such services without necessarily disturbing the equity ownership balance. It is suggested that the compensation be referred to on an attached Schedule, in order to make modification of the Agreement easier to address from time to time.

Of course, this Form may also be used in a non-family business context where it is desired to recognize and compensate one or more individuals for their management services.