In
most Family Limited Partnerships,
the parents (or an entity
that is owned by the
parents, such as an S
corporation) are designated
as the general partners,
either concurrently or
successively. This allows
them to maintain control
over the partnership
assets. The children
and/or grandchildren
are designated as limited
partners. The parents
can also own limited
partnership interests
and are capable of transferring
some or all of their
interests to their descendants
over a period of time
through gifts or other
means to save estate
and income taxes. If
the parents no longer
want to serve as general
partners, the position
of a general partner
can be passed on to someone
else, thereby providing
a continuity of management
and family training.
The
Family Limited Partnership
is a practical vehicle
for consolidating assets
and providing long-term
accumulation of wealth
while at the same time
affording a positive
method of control.
In general, assets
such as real estate
and/or marketable securities
can be transferred
to an FLP on a tax-free
basis. The FLP prevents
having to divide the
assets to heirs at
death, including the
real estate and/or
marketable securities,
since the heirs inherit
an interest in the
FLP, not the specific
assets themselves.
The FLP also eases
transfer of assets
by gift or other ways,
since partnership interests
are transferred rather
than undivided fractional
interests in real estate
or specific shares
of stock.
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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