Legal and financial steps families and businesses should review before the new year.
The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal issue, including those whose questions are addressed here, should consult an attorney for personalized advice on their specific circumstances.
Believe it or not, we are at the end of November, and as the year draws to a close, families and businesses face unique legal considerations that require careful attention. Ensuring that your affairs are in order before the new year can prevent complications, reduce liability, and position you for success in the months ahead. This guide provides a comprehensive year-end legal checklist, highlighting critical actions that individuals, families, and business owners should prioritize.
Review and Update Estate Planning Documents
Why it matters: Life circumstances change, and your estate planning documents should reflect those changes. Failure to update these documents can result in unintended distributions, family disputes, or tax complications.
Key actions:
Review Wills, trusts, and beneficiary designations to ensure they reflect your current wishes.
Confirm that powers of attorney and healthcare proxies are up to date.
Consider adding or revising charitable giving provisions to maximize tax benefits.
Assess Business Compliance and Governance
Why it matters: Businesses must maintain proper compliance to avoid penalties and legal disputes. Year-end review ensures that your company remains in good standing with regulatory authorities.
Key actions:
Confirm that business licenses, permits, and registrations are current.
Review corporate governance documents, including operating agreements, bylaws, and meeting minutes.
Evaluate contracts, vendor agreements, and leases for upcoming renewals or potential liabilities.
Review Tax and Financial Matters
Why it matters: Tax laws are complex and subject to change. Proactive planning can optimize deductions, reduce liabilities, and prevent costly mistakes.
Key actions:
Coordinate with accountants to review income, expenses, and deductions for individuals and businesses.
Consider contributions to retirement accounts, education savings plans, or charitable donations for potential tax benefits.
Examine outstanding debts, loans, or liabilities to assess risk and plan payments strategically.
Protect Family Assets and Finances
Why it matters: Safeguarding family assets is crucial for long-term security and peace of mind. Comprehensive asset protection reduces exposure to risk from creditors, lawsuits, or unforeseen events.
Key actions:
Review insurance coverage, including life, health, home, and liability policies.
Evaluate real estate holdings, investments, and other assets for proper titling and protection.
Establish or review trusts, guardianships, or other protective structures for minors or dependents.
Plan for the New Year
Why it matters: Strategic planning at year-end ensures a proactive approach to legal, financial, and operational challenges in the coming year.
Key actions:
Schedule consultations with attorneys and advisors to discuss anticipated changes in law or personal circumstances.
Establish goals for estate planning, business growth, and compliance improvements.
Review succession planning for both family and business matters to ensure continuity.
The end of the year is an opportune time to evaluate legal, financial, and operational matters for families and businesses. A comprehensive review and proactive planning can prevent unnecessary risks, optimize tax and estate strategies, and provide peace of mind as you enter the new year.
Sam A. Moak is an attorney with the Huntsville law firm of Moak & Moak, P.C. He is licensed to practice in all fields of law by the Supreme Court of Texas, is a Member of the State Bar College, and is a member of the Real Estate, Probate and Trust Law Section of the State Bar of Texas. ©