Although
family limited partnerships
(FLPs) have been used
for the management of
family property and businesses
for a number of years,
they have recently drawn
widespread attention
as a means of obtaining
valuation "discounts" for federal gift and estate tax purposes. In a general partnership, all partners
have a voice in the management
of the partnership and
all partners are held
personally liable for
their pro-rata share
of the partnership's
debts and obligations.
In an FLP, however, there
are two classes of partners:
the general partner(s)
and the limited partners.
The general partners
run the partnership and
make all the decisions
regarding the partnership,
except to the extent
restricted in the partnership
agreement. On the other
hand, limited partners
are more like silent
investors having little
or no control over day-to-day
operations of the partnership.
As a result, general
partners are personally
liable for the partnership's
debts and obligations
while limited partners
are not.
If you would like more information regarding asset protection, trusts, family
limited partnerships
or the subject of this
article please call
or email our office.
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