Daniel Packard Law

UNITY Pledge
UNITY Pledge
Phoenix, Arizona, United States

About

ESTATE PLANNING: Wills/Trusts, Probate, Asset Protection

Everyone should have some kind of estate plan, whether it be a trust or a just a simple will.  If someone dies without either of these, the process of settling the persons estate can be lengthy and expensive, as well as potentially leaving things to people who were never intended to get them.  Trusts give the greatest amount of flexibility and protection of both assets and family members, as well as avoiding a long and expensive probate.  A will is a basic document, but if a person only has a will, there’s no opportunity for asset protection, and it will have to go through probate.  Powers of attorney are needed in the event of incapacity or inability to manage your own affairs.  A financial power of attorney gives someone the ability to keep your bills paid, a health care power of attorney lets someone work with your doctor in order to make medical treatment decisions, and a living will gives instructions to your doctors about whether or not you want to be kept alive by artificial means.  I will carefully guide you through all of these options and help you make the best decision about what type of estate plan is best for you.

PROBATE AND TRUST ADMINISTRATION

Probate is a process by which a court approves the transfer of a person’s assets after death. This can be complicated, time consuming and expensive. Probate should be avoided to the extent possible. A Trust must be administered after death, making sure that all the provisions of the Trust are carried out, assets are distributed, new Trusts (if any) are established, and all tax returns are filed. I will help guide your heirs through these processes so that it is as quick and easy as possible for them.

ASSET AND FAMILY PROTECTION

Everyone worries about having enough money to provide for their care for the rest of their lives, and most people also want to have something left to leave to their heirs. Parents are always concerned about what will happen to their kids, especially if they are minors. Surviving children will need a place to live, someone to take care of them, and someone to take care of their money. Sometimes creditors may be an issue, and there’s a worry that all or a significant portion of an inheritance may go to a creditor. This can be prevented, and all of these concerns are addressed in an estate plan.

NONPROFIT GOVERNANCE AND MAINTENANCE

Nonprofit tax-exempt organizations have a large number of rules that they need to follow in order to keep their tax-exempt status.  These rules involve things such as record keeping, IRS filings, the responsibilities of board members, how fundraising can and cannot be done, how and how much the organization’s officers can be paid, how grants are obtained or made, and lots more.  I have many years of experience guiding leaders of large and small nonprofits successfully through all of these issues.

MAJOR GIFTS, FUNDRAISING AND ENDOWMENTS

I have 19 years of nonprofit fundraising experience, including major gifts, annual campaigns, capital campaigns and planned giving. I’ve been personally involved in making asks, structuring gifts, and overcoming concerns. I’ve also helped many nonprofits establish an endowment fund, or revise their existing endowment fund policies (gift acceptance, spending, investment) to adapt to changes in the law. I enjoy presenting workshops for nonprofit donors about the importance of planned giving, and what planned giving options are available, making both easy and complex planned giving options understandable to donors. Finally, I enjoy working with development professionals to improve their understanding of planned giving options and help them to be able to recognize giving opportunities. I won’t try to make them a legal expert, but I will give them enough knowledge to recognize the opportunity and have the conversation with the donor.

BUSINESS TRANSACTIONS

Nonprofit organizations have many of the same transactional needs as for-profit businesses. Nonprofits enter into a variety of contracts with vendors, customers, landlords, employees, donors and more. Some nonprofits also buy and sell real estate. All of these transactions need commercial agreements which should be written and negotiated by an experienced attorney. It is best to hire an attorney who is not only highly experienced with these types of agreements, but who also understands the unique concerns of nonprofit organizations. Whether it’s a commercial lease, buying or selling real estate, vendor/customer contracts, donor gift agreements or more, I will use my 25-plus years of experience to skillfully achieve great outcomes at great value for your organization.

STARTING A NONPROFIT ORGANIZATION

Starting a nonprofit organization involves both State and Federal issues. A nonprofit corporation needs to be started with the State, and then it needs to file for tax-exempt status with the IRS. There are time limits for filing. If done properly, the nonprofit may be able to start accepting donations almost immediately. The donations may be made to the organization directly, or to a third organization which holds the nonprofit’s funds. The process of obtaining tax-exempt status with the IRS can potentially be lengthy and complex. I have guided many nonprofits successfully through this process.

ESTATE PLANNING: Wills/Trusts, Probate, Asset Protection

Everyone should have some kind of estate plan, whether it be a trust or a just a simple will.  If someone dies without either of these, the process of settling the persons estate can be lengthy and expensive, as well as potentially leaving things to people who were never intended to get them.  Trusts give the greatest amount of flexibility and protection of both assets and family members, as well as avoiding a long and expensive probate.  A will is a basic document, but if a person only has a will, there’s no opportunity for asset protection, and it will have to go through probate.  Powers of attorney are needed in the event of incapacity or inability to manage your own affairs.  A financial power of attorney gives someone the ability to keep your bills paid, a health care power of attorney lets someone work with your doctor in order to make medical treatment decisions, and a living will gives instructions to your doctors about whether or not you want to be kept alive by artificial means.  I will carefully guide you through all of these options and help you make the best decision about what type of estate plan is best for you.

PROBATE AND TRUST ADMINISTRATION

Probate is a process by which a court approves the transfer of a person’s assets after death. This can be complicated, time consuming and expensive. Probate should be avoided to the extent possible. A Trust must be administered after death, making sure that all the provisions of the Trust are carried out, assets are distributed, new Trusts (if any) are established, and all tax returns are filed. I will help guide your heirs through these processes so that it is as quick and easy as possible for them.

ASSET AND FAMILY PROTECTION

Everyone worries about having enough money to provide for their care for the rest of their lives, and most people also want to have something left to leave to their heirs. Parents are always concerned about what will happen to their kids, especially if they are minors. Surviving children will need a place to live, someone to take care of them, and someone to take care of their money. Sometimes creditors may be an issue, and there’s a worry that all or a significant portion of an inheritance may go to a creditor. This can be prevented, and all of these concerns are addressed in an estate plan.

NONPROFIT GOVERNANCE AND MAINTENANCE

Nonprofit tax-exempt organizations have a large number of rules that they need to follow in order to keep their tax-exempt status.  These rules involve things such as record keeping, IRS filings, the responsibilities of board members, how fundraising can and cannot be done, how and how much the organization’s officers can be paid, how grants are obtained or made, and lots more.  I have many years of experience guiding leaders of large and small nonprofits successfully through all of these issues.

MAJOR GIFTS, FUNDRAISING AND ENDOWMENTS

I have 19 years of nonprofit fundraising experience, including major gifts, annual campaigns, capital campaigns and planned giving. I’ve been personally involved in making asks, structuring gifts, and overcoming concerns. I’ve also helped many nonprofits establish an endowment fund, or revise their existing endowment fund policies (gift acceptance, spending, investment) to adapt to changes in the law. I enjoy presenting workshops for nonprofit donors about the importance of planned giving, and what planned giving options are available, making both easy and complex planned giving options understandable to donors. Finally, I enjoy working with development professionals to improve their understanding of planned giving options and help them to be able to recognize giving opportunities. I won’t try to make them a legal expert, but I will give them enough knowledge to recognize the opportunity and have the conversation with the donor.

BUSINESS TRANSACTIONS

Nonprofit organizations have many of the same transactional needs as for-profit businesses. Nonprofits enter into a variety of contracts with vendors, customers, landlords, employees, donors and more. Some nonprofits also buy and sell real estate. All of these transactions need commercial agreements which should be written and negotiated by an experienced attorney. It is best to hire an attorney who is not only highly experienced with these types of agreements, but who also understands the unique concerns of nonprofit organizations. Whether it’s a commercial lease, buying or selling real estate, vendor/customer contracts, donor gift agreements or more, I will use my 25-plus years of experience to skillfully achieve great outcomes at great value for your organization.

STARTING A NONPROFIT ORGANIZATION

Starting a nonprofit organization involves both State and Federal issues. A nonprofit corporation needs to be started with the State, and then it needs to file for tax-exempt status with the IRS. There are time limits for filing. If done properly, the nonprofit may be able to start accepting donations almost immediately. The donations may be made to the organization directly, or to a third organization which holds the nonprofit’s funds. The process of obtaining tax-exempt status with the IRS can potentially be lengthy and complex. I have guided many nonprofits successfully through this process.

Location

Phoenix, Arizona, United States
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