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As family offices evaluate their assets during the economic downturn, examining deductions and estate and trust planning can help form better strategies and objectives. In this Q&A discussion, learn how the valuation of distressed assets and investments can maximize your tax deductions through these challenging times.

COVID-19 has forced organizations of all kinds to consider what the future of their operations would look like in a post COVID-19 world. Family offices were no exception. Rapidly fading are the days when a family office would provide a space where their staff can work. Most of these physical offices now stand empty as working from home has become the new normal. For many family offices, the answer is to become a virtual family office.

Business divorces are often messy. The reasons vary—personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. When majority owners seek advice of the company’s attorney to formulate a plan to force out a minority owner, the company expects this advice to be covered by the attorney-client privilege. But in Illinois, minority members of LLCs may be able to obtain copies of communications between the LLC’s managers and its attorneys.

Those with ownership stakes in privately held businesses, partnerships, or family offices need to closely collaborate with and trust others. But when there is a disagreement or dispute, it can create a situation where someone is looking for ways to force out owners of non-controlling shares and seek the advice of the company’s attorney to formulate a plan. For an Illinois LLC and their majority members, there are steps that can protect otherwise privileged communications from disclosure to minority members in advance of and during litigation.

Solving disputes among business partners and owners in a privately held business can quickly become complicated matters that end up calling for access to an LLC or corporation’s privileged communications. Only in rare circumstances can there be access to those privileged communications. Most courts apply a fact-intensive test that is difficult to satisfy. A closer look at the rule explains how it applies to Illinois corporations and business entities organized in other jurisdictions.

Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future, as resurgences may occur at any time in different parts of the country. In preparation for future infections, there are proactive steps businesses can take.

There are policy changes and new procedures that companies—including family offices—should consider when reopening amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country. But companies cannot change policies in a vacuum. Instead, they must clearly and effectively communicate these changes to employees, customers, and the public. There are a few ways to make effective communication happen and ensure higher rates of compliance around new procedures.

Planning for future generations is the greatest gift family businesses can give, particularly during times of uncertainty. Transferring assets while they have a low value is a technique that is used to lock-in or freeze those low values in anticipation the asset will one day significantly increase in value. There are estate tax planning techniques that can be implemented which transfer the greatest amount of value from an estate while using the least amount of exemption.