After years of slow boiling anticipation, statements made by the IRS and the Treasury this year heated up the conjecture and anticipation which finally came to a head on August 2, 2016. I’m of course talking about the just-released proposed regulations under Internal Revenue Code Section 2704 and the far reaching, highly negative implications for closely held family entities and the whole area of family business succession planning.
A family feud recently unfolded in the Connecticut probate court, a typical venue for family feuds to play out after the death of a successful business owner. That is the case especially when a contested will is produced favoring one child over another and there are allegations that the decedent suffered from dementia. In this case, adult siblings Dr. Laura Jarmoc and her brother, former state Representative Stephen Jarmoc, dispute whether Stephen looted his father Edwin Jarmoc’s estate starting in 1998 by transferring assets to himself, amounting to unjust enrichment at the expense of Edwin’s estate and Laura, as rightful 50% beneficiary. The Estate of Edwin A. Jarmoc tells the cautionary tale of a family business’s likely demise due to poor succession planning.
Garvey Schubert Barer’s family-owned and closely held businesses practice group comprises strategic advisors and core practitioners who understand the intersection between law and the unique challenges of running a family business. With more than one hundred years of combined experience, our family-owned and closely held businesses practice offers clients extensive resources and a knowledgeable team of family wealth advisors across the Unites States.