Under what circumstances will a family limited partnership reduce transfer taxes?

Family limited partnerships (FLPs) can be effective tools for asset management, facilitating pooling of investments and economies of scale. If properly structured and administered, they also allow you to remove a substantial percentage of the value of the partnership assets from your taxable estate.

Some of the more common assets that are transferred into FLPs include:

• Real estate;
• Closely held stock;
• Marketable securities; and
• Other limited partnership interests.

How an FLP works

After the FLP is properly funded, the donors will often gift part or all of their partnership interests to other family members. If the interest being gifted is a limited partnership interest or a non-controlling general partnership interest, minority discounts and discounts for lack of marketability typically reduce substantially the appraised value of each gift. Assuming the donors relinquish control of the partnership prior ro death, their gross estate will include only the discounted value of the minority partnership interests that they retain at the time of passing.



Why do some people choose to create a corporation, limited liability company, or management trust to be an FLP general partner?

By law, a limited partnership dissolves upon death or disability of its general partner. These entities are used to provide continuity within the partnership if such event occurs. They are also used to create an additional layer of protection from the claims of aggressive judgment creditors.

Using a corporation as a general partner also provides income tax planning options. The corporation may charge fees and receive income for management of and duties performed for the FLP. This use of a corporate general partner can shift some of the income from the limited partnership to the corporate general partner. The corporation can then use the income to pay salaries or set up retirement and other tax-advantaged plans such as welfare benefit trusts, defined-benefit plans, and medical reimbursement plans. As a result, the family is able to shift income from higher to lower income tax brackets and at the same time set up retirement pension plans for family members who are employees of the corporate general partner.

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What is a Family Limited Partnership (FLP)?

A family limited partnership (FLP) is a legal entity formed under your state's limited liability partnership law between you and some of your family members.

Does and FLP work just like a standard limited partnership?

An FLP works like any other limited partnership under your state's statutes. The FLP has two kinds of partners: general partners and limited partners.

The general partners have 100 percent control over and responsibility for the management of the partnership and its assets, and they are 100 percent liable for the acts or omissions to act of the partnership and all the other general partners. After setting up the FLP, strategic family assets are transferred into it, including investments and business interests. When the transfers are complete, individuals no longer own a direct interest in these assets. Instead, as general partners they own a controlling interest in the FLP, and it is the FLP which owns the assets.They decide when assets are bought and sold and the timing and amount of the partnership's income and capital distributions.

The limited partners have no control over either the assets or int income if the partnership. The also have no authority over the general partners. They cannot fire the general partners or replace them. Their legal authority and roles are narrowly defined by all states' statutes. Limited partners are not liable for the acts of the general partners and are not liable for claims against the partnership or for partnership debts. They are liable, or at risk, only up to the amount of their partnership investment or interest.

Who are the general partners of an FLP?

The general partners almost always are parents or grandparents or corporations, limited liability companies, or management trusts controlled by those individuals.

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What are an ILIT's components?

Irrevocable life insurance trusts (ILIT's) are used to:

• create an estate for heirs using life insurance
• shield life insurance payouts from estate tax
• replace assets given to charities or placed in IIOT's (Irrevocable Income Only Trusts)

People often make the mistake of naming their estate as the beneficiary of their life insurance policy. This makes the proceeds of the policy, known as the death benefit, part of the taxable estate. A simple way to avoid estate tax issues is to transfer life insurance policies into an irrevocable life insurance trust. The value of the insurance remains outside your taxable estate, but you can still name beneficiaries for the trust. ILIT's can help replace assets donated to charities or place in IIOT's by providing a lump sum payment to the trust when you pass on.

There are three components in an irrevocable life insurance trust, similar to those found in a living trust:

1. Trust makers, who control their ILIT's through their instructions
2. Trustees and their successor trustees, named by the trust makers
3. Beneficiaries and contingent beneficiaries, named by the trust makers

Who buys the life insurance on my life or my partner/spouse's and my lives?

The life insurance is purchased by the ILIT's trustees.

Can I or my partner/spouse be a trustee?

A third-party, independent trustee should be named in order to keep proceeds out of your taxable estate.

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Why would I want my irrevocable trust to own my life insurance?

If you own life insurance, it is included in your taxable estate and the proceeds will be taxable for federal estate tax purposes. So, in 2009, an individual is allowed a federal estate tax exemption on their first $3.5 million of assets, including all life insurance policies in their name. (This fact comes as a surprise to many people but this treatment of insurance proceeds dates back almost to the inception of the federal estate tax.) If life insurance policies are owned by a properly structured ILIT, the proceeds will be free of the estate tax.

What if I don't own my insurance but control it through some one else?

Even if you do not own your life insurance in your name, the IRS may determine you to be the owner and therefore liable for federal estate taxes on the policy proceeds. Your life insurance will be included in your taxable estate as long as you possess any incidents of ownership for federal estate tax purposes. Incidents of ownership include your rights to borrow on a policy or pledge as collateral, name or change the beneficiary, and assign the policy to someone else.

If you maintain any right to a life insurance policy, the IRS will take the position that you retained incidents of ownership and will include the proceeds in your taxable estate. With a properly structured ILIT, you no longer retain any incidents of ownership under the IRS definitions and will not be liable for federal estate taxes.

What is the theory behind an ILIT?

Because the trust is irrevocable, you do not have incidents of ownership in it or in the life insurance policies owned by it. An irrovocable trust is a trust that can't be modified or terminated without the permission of the beneficiary. The grantor, having transferred assets into the trust, effectively removes all of his or her rights of ownership to the assets and the trust.

This is the opposite of a "revocable trust", which allows the grantor to modify the trust. While the tax rules will vary between jurisdictions, in most cases, the grantor can't receive these benefits if he or she is the trustee of the trust. This fact often leads to the consideration of employing a corporate trustee to serve as the fiduciary administrator over the trust assets.

Thus the proceeds of those policies will not be taxed upon your death nor will they be taxed upon the death of your spouse if he or she survives you. They completely avoid the federal estate tax.

You are able to control the disposition of the policy proceeds through your trust instructions as to:

1. Who the trustees will be while you are alive, upon your disability, and upon your death.
2. How the proceeds will be distributed to your beneficiaries or left in trust

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What is an irrevocable life insurance trust?

An irrevocable life insurance trust (ILIT) is an irrevocable trust that is created to own and be the beneficiary of life insurance policies on the trust maker's life. A reason to use this type of trust is to remove the insurance proceeds from a person's taxable estate. Remember, that normally when you own a life insurance policy, the proceeds from that policy are included when calculating your taxable estate for tax purposes.

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A Legacy of Leadership - Congratulations to Dr. Julius R. Scruggs

Dr. Julius R. Scruggs, pastor of First Missionary Baptist Church, Huntsville, Alabama

is the new leader of the National Baptist Convention, USA.

Written from Anaheim Hills, CA. For a number of years now when in Huntsville, Alabama visiting my parents I would attend church with them and often be blessed to hear the teachings presented by Pastor Scruggs. From my first time attending the church I have always been captivated by the spirit and the presentations of the Pastor of the First Missionary Baptist Church on Blue Springs road. I was especially impressed by the nature and spirits of the older men of the church whom I have interacted with on service projects through the invitation of my father.

On Thursday, September 13, 2009 the delegates of the Nasville, Tennesee based National Baptist Convention, USA elected Dr. Scruggs to serve as the organization's new president. The National Baptist Convention USA is the nation's largest and oldest predominantly black denomination with roughly 7.5 million worshippers. In his new capacity Dr. Scruggs is afforded an opportunity to further forge a lasting legacy of leadership and promote unity and understanding throughout his network of influence. As one of the newer members of his congregation in Huntsville, I offer my enthusiastic congratulations and offer prayers of support as Dr. Scruggs begins the transition period into his new responsibilites.

Everyday we are afforded an opportunity to make a change in the world and better the experiences of our neighbors and family. Hopefully, you will join in congratulating the entire National Baptist Convention USA, Dr. Scruggs, his family and congregation and spreading the spirit of unity and understanding through out your areas of influence. I look forward to following the continued Legacy of Leadership being lived by Dr. Julius R. Scruggs.

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What Is An Estate?

There is a common belief that "estates" are somthing that only millionaires possess. This belief is possible because most people have no idea what constitutes an estate to begin with. On TV and in the movies the term estate is only used to describe or reference the rich and the wealthy, often describing huge lavish property and elegant decorations. In fact, any property, no matter how small or large, humble or extravagant is part of an estate. Land, condos, duplexes, townhomes, apartments and the single family home all make up people's estates.

Simply put, an estate is everything that a person owns. It includes your favorite guitar, your collection of family photographs, your residence, cash, stocks, bonds, and other investments, retirements plans and businesses you own. If you are a creator, your estate includes all your works, including your prints, manuscripts, copyrights, trademarks and patents. For estate tax purposes, your estate also includes all life insurance policies in your name as well as your IRA's or other retirement accounts. So again, your estate includes everything that you own, this includes all of your personal property, such as vehicles, jewelry, collectables and other tresured items.

Your estate is everything that you own. You own things, so congratulations... you have an estate.

Your estate is everything that you own.

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Photo: Changing

Photo of the Day - Sunday, September 13, 2009: "Changing" - Photo by Don West, Jr. All Rights Reserved. See it on Twitpic too.

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Do my trustees put my trust property in their individual names?

Trustees in the vast majority of trusts do not have equitable or real title to your property; they merely have legal title in accordance with their responsibility of prudently managing your property for the benefit of your trust's beneficiaries. When an estate's value begins to exceed the one million dollar mark a corporate trustee should be considered.

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Why Should I Worry About Legacy & Estate Planning I am Young and/or I Don't Have Many Assets?

Two common excuses for not instituting legacy and estate plans are "I don't have enough assets" and "I am too young to die or become incapacitated." These are misconceptions that can be attributed to a lack of understanding of consequences of failing to plan and a disinclincation to recognize that some day we all transition. No matter what your age or your assets you have learned life lessons and experienced a

unique life story that shaoes and defines your journey. For this reason, we all have a pricesless, one of a kind asset that should be captured and preserved for our next generations. One format that this priceless asset can be manifested in is through the drafting of a Personal Legacy Statement. There are also many reasons why estate planning is particularly important when assets are limited.

Legacy & Estate planning for even modest estates is important because of inflation. This is easily demonstrated through the use of the Rule of 72, which holds tha

t 72 divided by the inflation rate equals the number of years it will take to double the size of an estate. For example, if the inflation rate is 5 percent, the rule says that the value of an estate will double every 14.4 years just because of inflation! An easy way to understand how this happens is to think about how much you paid for your home as compared to the original cost of your parents' homes. Inflation is a certainty of life which will continue to apply even when one chooses to ignore its presence. The Rule of 72 does not account for the possibilite

s of the assets growing in excess of the inflation rate. The point is that the value of your life insurance and your house, along with any other assets that you may have or acquire, can be significant, especially over the time of several generations.

The second reason why Legacy and Estate planning is important is becuase, according to morbidity tables, the chance of your becoming incapacitated or disabled in the next year is significantly higher than your chances of dying during the same time. The absence of a properly implemented plan necessitates a formal legal guardianship and conservatorship proceeding that involves court costs and the expense of an attorney in a process that u

ltimately ties up your assets for a time as well.

In a guardianship and conservativeship preceeding a court will seek to protect the assets of an incapacitated person, so it requires annual accounting reports justifying the use of assets. Depending upon state law, court permission might be required for the sale of major assets. A performance bond might also be required. The cost of guardianship and conservatorship proceedings far exceeds that cost of an proper plan even for young people or those with small estates.

In the abscence of a properly drafted estate plan, state law determines how assets will be distributed at your death. In states where property is generally owned by married couples in the form of tenancy by the entirety or joint tenanc

y with right of survivorship, the jointly held property will pass automatically to the surviving joint tenant by operation of law. This may inadvertently create federal estate tax problems when your spouse dies which could deprive your children and heirs of a portion of their inheritence.

In states where real propert is held by spouses as tenants in common, the absence of a written and properly executed plan results in the assets of the deceased spouse passing to the children, with the surving spouse receiving only a partial share.

If the children are minors, they cannot hold property in their own names and a formal guardianship proceeding is necessary for the court to appoint the surving spouse as the guardian. An expensive performance bond may also be required. Since a parent has the obligation to support the children, courts generally do not premit the parent to use the children's assets for their suppurt unless the parent is destitute. A further complication is that the surviving spouse may be unable to handle the present house payments and desire to sell the home. With the children owning part of the equity of the home and portions of the deceased spouse's other assets, the surviving spouse may not have access to those funds to purchase a new home.

Thus, even though a person is young and has few assets now, the extra cost and lost time and control given up the results of failing to plan can be substantial.

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Photo: Tropical Breeze

Photo of the Day - Wednesday, August 19, 2009: "Tropical Breeze" - Photo by Don West, Jr. All Rights Reserved.

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Photo: Nature's Network

Photo of the Day - Tuesday, August 18, 2009: "Nature's Network" - Photo by Don West, Jr. All Rights Reserved.

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Essentials: Who Needs to Plan their Estate?

EVERYONE

Although many are deceived by believing that planning your estate is only for the rich and the wealthy, planning is for ANYONE who has acquire any tangible assets and desire to plan what happens to those assets once one passes on.
In fact, in many cases it is more critical for normal, everyday folk to plan ahead, because delays, additional cost and conflicts often have a more detrimental impact when the amounts in question are more humble than substantial in monetary worth. Normal folks have basic life needs and day-to-day situations which can not always absorb the cost and time delays resulting from failing to plan.

Creators: If you are an inventor, writer, author, painter, photographer, or any other type of creator, then you have special planning needs. What happens to your works when you are gone? Who holds the rights to revenues from your works? Who is authorized to handle the administration of your works after you are no longer available? You should have a written plan in place that addresses all these specific questions. In most cases the very nature of what you create dictates that there are exclusive intellectual property rights that by design extend beyond your lifetime. It is critical to your business of bring a creator to have a thorough understanding of these elements of your business and craft.

Married Couples: Each individual partner must have their own individual will. Having joint wills will almost always cause legal problems if one or both of you pass on in a short period, or within weeks or months of being married to one another.

Divorced Couples: Need to establish a trust to ensure protection over your own children. This is even more important if you do not want your former spouse's new partner to receive any of your assets for themselves or for his or her children.

Entrepreneurs, Business Owners & Professional Service Providers: It is vital to your long term survival that your business develop a written Succession Plan that specifically shares what you want to happen to your business or the equity in your business when you pass. Efforts should be taken to make sure that the business will have the necessary capital to execute your plans for transition.

Future Millionaires: At the time when this is being written, the estate tax provides for an exemption for estates valued at $3.5 million and below. This exemption has historically been $1 million and based on Congressional action may revert back to the historic $1 million dollar exemption in 2011. As a simple reference, if your estate currently totals $1 million or more - or has the ability to grow to exceed $1 million dollars in the future, you need to establish a solid estate plan to prevent paying 45% or more of the non-exempt amount to the government in taxes.

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Photo: Crazy Nights

Photo of the Day - Monday, August 17, 2009: "Crazy Nights" - Photo by Don West, Jr. All Rights Reserved.

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Photo: Innovation

Photo of the Day - July 15, 2009: "Innovation" - Photo by Don West, Jr. All Rights Reserved.

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A Classic Interview with Napolean Hill

Our mental abilities to guide and direct our own lives is absolutely amazing. Some have called it "the secret", many have noted its history back to the biblical times of Abraham, while others have coined it, "the law of attraction." In this short clip, mega-author Napolean Hill share his views on the underlying foundation to his best selling books and programs, "What the mind can conceive, it can also achieve." If you are not familiar with Hill, he is the author of the books, Think and Grow Rich and the Law of Success, both books written and released around the time of the Great Depression. Think and Grow Rich is one of the bestselling books of all time. I believe this is in part because it still adds value to the lives of those who read it today. Highly recommended reading for those on the path to greater prosperity.

Let's all commit to using our intellects and building a hearty and healthy legacy for future generations.

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Your Legacy & Web 2.0 Technology

Here is a short 4 minute video which demonstrates how a person's school career can be memorialized using web 2.0 technologies, specifically YouTube, facebook and an email distribution chain. Take a look and see what ideas come to mind. We'd would love to hear what creative ideas are generated.

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Photo: Illumination

Photo of the Day - July 16, 2009: "Illumination" - Photo by Don West, Jr. All Rights Reserved.

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Photo: Dangerous Attraction

Photo of the Day - July 15, 2009: "Dangerous Attraction" - Photo by Don West, Jr. All Rights Reserved.

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Photo: It Begins With A Single Step

Photo of the Day - July 15, 2009: "It Begins With A Single Step" - Photo by Don West, Jr. All Rights Reserved.

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Autobiography: As a Child

This is How People Described Me as a Child, and How I Saw Myself

When I was a child one of the first and most consistent comments and/or descriptions that I can recall were comments about my eyes. People always would stop me and say, “You have the most beautiful eyes.” To this day I get comments about the color of my eyes, although nowadays it is often followed, or preceded by, “are they real?” You see, I have hazel eyes and as I have come to learn through the years it is not very common for an African-American man to have hazel eyes, although I feel as though I have run into quite a few men and women who share the trait, (But were they real?). But the thousands of compliments I received as a child and young adult had the awesome side effect of instilling a great deal of self-confidence as it related to my general physical appearance, more on that in a moment.

Don West, Jr. in 1976, (2 years old)

The second most memorable comment was often about my ability to remember people, places, conversations and events. When I was three years old I went to Nashville to my Aunt Joanne’s, (my dad’s baby sister), college graduation from Fisk University. To this day I still remember many of the events that occurred in Nashville back in 1977 even though I was only three at the time. My favorite, I was dancing with all my aunt’s college girlfriends wearing a little light green suit and bow tie. (I’ve been the life of the party for the past thirty-two years apparently, and definitely looking forward to the next sixty or so!)

There is another occasion when my ‘Tall Me Me’, (that is what I called my mom’s mother, I actually called both grandmothers ‘Me Me’, but my maternal grandmother was dubbed ‘Tall Me Me’ because she stood 5’10” tall and my dad’s mother was closer to 5’ even.), called me into the room to give her friends driving directions from Philadelphia, Pennsylvania to Huntsville, Alabama. Not thinking anything of it, I rattled off the interstates and highways that one must travel to complete such a trip. Several years ago I was thinking of that moment and realized, those people in the room that day were probably not going to Huntsville, Alabama and have thus concluded that ‘Tall Me Me’ was showing them something about her grandson and his memory. Unfortunately, ‘Tall Me Me’ passed away when I was in 11th grade, so I will have to wait until we are one day reunited to get the details about what was really going on in the living room that particular day.

Within the confines of my family many often commented on my mouth. You know the phrase, “boy your mouth is going to get you into trouble one day!” I’ve learned in later years through conversations with my mother that she was often lectured by the family elders about how free she allowed me to be with my expression, especially verbally. I do not want to paint the wrong picture, since some of today’s youth seem to go to previously unknown extremes with their words and lack of respect for adults and authority. My father was a firm disciplinarian, he still would subject you to a session with the belt if you tip-toed beyond his boundaries, but that said, I was free to express myself and more importantly my dreams and aspirations.

Whenever I would speak about doing things that made no sense for our current socio-economic circumstance or the foreseeable future, I learned that my mother served as a strong barrier against naysayers and disappointingly numerous adults who wanted to crush and dispel the dreams of a little boy. I will be eternally grateful for that constant freedom my parents provided, because it gave me wings and allowed me to believe that I could change the stars if I would only set my mind to it. My father would always say, “Anything is possible, you simply must plan your work and work your plan.”

As a kid my most consistent thought about myself was, “boy I am skinny!” I was as thin as a rail and quite self-conscious about it. Sometimes I would be teased in school for being thin, even leading to fights when somebody would take the jokes to far on the playground. Oh, how I long today to be magically reconnected with that super-fast metabolism of my youth.

So how did people describe you as a child? How did you see yourself?

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Photo: Solitude

Photo of the Day - July 14, 2009: "Solitude" - Photo by Don West, Jr. All Rights Reserved.

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Land Trusts - Virtually Unknown Property Protection Mechanism

The Land Trust is not the most commonly known Trust mechanism out there. However, it is a powerful asset and identity protection tool, especially for those who live in the state of Florida because it is a statutory trust. The Florida Land trust also adds an additional benefit because it may contain testamentary powers and directions, i.e., provide direction and/or instruction for the property in case of death or incapacity.

The use of a Land Trust allows a person to buy a piece of property, conceal the fact that they own the property, limit themselves from most liability associated with the property, yet retain almost all the rights of ownership including, legally claiming Homestead exemption if the property is a primary residence. A land trust is an arrangement whereby one person or entity (the trustee) holds both legal and equitable title to real estate and holds it for the benefit of another party (the beneficiary).

Below is a short article that details the Florida Land Trust Act and its uses and benefits.

The 2006 Florida Land Trust Act A.I.L.E.P

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Photo: Southernmost

Photo of the Day - July 13, 2009: "Southernmost Continental U.S. House" - Photo by Don West, Jr. All Rights Reserved.

The Southernmost House is located in Key West, Florida, where five U.S. Presidents, the Lady Kay and the Legacy Lawyer have stayed.

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Essentials: How Estate Taxes Work

Far too many Americans have a silent partner in everything they earn and accumulate in their life. Some do not know or even realize that they have this silent partner. While others choose to ignore their partner or put off dealing with their 'partnership' situation until 'later.' In either case, without a properly written and witnessed plan in place, their silent partner stands to get paid a large percentage of everything they own when they pass away. Who is this silent partner? The federal government, of course. How does this occur? Estate Taxes. [Note-Your state government may also be in line as a silent partner too, depending on which state(s) your reside and own assets.]

"Estate Tax - The estate tax is a tax on your right to transfer property at your death. It consists of an accounting of everything you own or have certain interests in at the date of death."

Source IRS.gov

There is only one way to pass all of your assets to another person without paying estate taxes - by giving 100% of your estate to your spouse. And still, this is not an automatic assumption, proper preparation must be made to avail yourself of this benefit. If any other heirs, excluding your spouse, obtains assets from your estate, tax liabilities may be incurred. There are five significant types of taxes that your estate or your heirs may need to pay upon your passing:

• Capital gains taxes
• Federal estate taxes, (also referred to as "death taxes")
• Inheritance taxes
• State estate taxes, (depending on the laws of your state)
• Income taxes

It is critical to completely grasp what these five taxes are, particularly for minimizing the amount of taxes that will be taken out of your estate that is intended to be passed on to your heirs. You have worked a lifetime to accumulate and safeguard your hard earned assets, don't you want your heirs to receive as much as possible instead of sending an unnecessary check to Uncle Sam? It is simple, PLAN, and you keep more. Continue reading the Essentials series on http://Legacy-Lawyer.com and take the time to understand which of the above taxes might apply to you, your estate and your heirs. It also may be advisable that you speak with a qualified local tax advisor to answer your specific estate tax questions.

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Photo: Reach for the Skies

Photo of the Day - July 12, 2009: "Reach for the Skies" - Photo by Don West, Jr. All Rights Reserved.

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Photo: "Possibilities"

Photo of the Day - July 11, 2009: "Possibilities" - Photo by Don West, Jr. All Rights Reserved.

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Photo: "Growth is Everywhere"

Photo of the Day - July 10, 2009: "Growth is Everywhere" - Photo by Don West, Jr. All Rights Reserved.

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Presentation: Understanding Generativity

We are all connected. From one generation to another, life is a continuios chain of learning and living. Generativity is a concept developed by famous psycho-analyst Erik K. Erikson and deals directly with the activities of 'guiding the next generation(s).'

Understanding Generativity - Legacy & Estate Planning

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http://www.Axis-Institute.net

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Photo - "Metamorphosis"

Photo of the Day - July 8, 2009: "Metamorphisis" - Photo by Don West, Jr. All Rights Reserved.

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Faith & Entrepreneurship

When you venture off into the unknown to start your own business enterprise, what is the force that makes you think you will succeed?

You must have strong faith to believe you can fly.

Simply put , you have faith! It is an essential pre-cursor element to entrepreneurship. Before I go pontificating about the subject I must give proper credit to my cousin Anita Connors, (http://www.atconnercpa.com/index.html), a CPA in Philadelphia who hipped me to this novel concept. She has built a vastly successful business and produced a documentary of her life story which is a strong example of the principles to be discussed here.


So many people get twisted into knots when you discuss faith, but at its core faith is simply a belief that is not based on proof. A brand new business has no sales stats, no past performance, simply an idea and someone's faith that it will succeed.


With faith being such an essential element, all those who venture out on that proverbial limb and start a new business should logically become students of faith. Any tool that will assist and strengthen your faith logically seems to have a direct ability to impact your entrepreneurial pursuits.Some great quotes on faith:

• “Keep your dreams alive. Understand [that in order] to achieve anything requires faith and belief in yourself, vision, hard work, determination, and dedication. Remember all things are possible for those who believe.”
  – Gail Devers


• “Faith is believing in things when common sense tells you not to”
  – George Seaton


• “I may not have gone where I intended to go, but I think I have ended up where I intended to be.”
  – Douglas Adams


• “To one who has faith, no explanation is necessary. To one without faith, no explanation is possible.”
  – St. Thomas Aquinas


• “Faith... Must be enforced by reason...When faith becomes blind it dies.”
  – Mahatma Gandhi


• “God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference.”
  – Reinhold Niebuhr


• “You block your dream when you allow your fear to grow bigger than your faith.”
  – Mary Manin Morrissey


• “Faith isn't faith until it's all you're holding on to”
  - unattributed

Being an entrepreneur gives rise to the occasion when you learn firsthand, “it’s lonely at the top!” Being the boss creates occasions when burdens run high and friends run away. The bills flow constantly, while customers seem sporadic. It is only by faith that you can continue to move forward, continue to believe. Having a strong spiritual faith allows the entrepreneur to give up his worries and place them in something greater than themselves. It is this ability to know that no matter what happens I am not alone that allows me to maintain my daily sanity without the regular use and constant abuse of intoxicants.

I personally continue to seek new ways to exercise my faith spiritually, professionally and personally. The greater one's faith, the greater one's potential. So as we all grow , let's spread some tools for a more faithful life....


Think about it and let me know what you think.

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VLOG: Reflect & Rejoice Tuesday '09

Find more videos like this on DonWestJr-theCommunity

VLOG Tribute and Reflection on Michael Joseph Jackson by Don West, Jr.

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Essentials: Planning Directives

A will by its legal nature contains a limited ability to handle the disposition of your assets and affairs. Planning Directives are documents that supplement and support a will by addressing financial and legal questions that wills do not, and that give instructions about what should occur with your estate and/or minor children if an unforeseen accident or illness leaves you incapable of expressing what you want.

At the very least, everyone is encouraged to have a will and Planning Directives in place to safeguard their assets and loved ones in the event of death or unforeseen incapacity. For some others, though, especially those with large families, or sizable estates, estate planning may necessitate a number of additional considerations.

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Photo - "Garden Ascent"

Photo of the Day - July 6, 2009: "Garden Ascent" - Photo by Don West, Jr.

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The Universal Declaration of Human Rights

Shared with me on facebook by my friend, Arianna Shahparvari. Independence & Freedom are Our Goals!

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Photo - "Happy"

HAPPY 4th of July!

Photo of the Day - July 4, 2009: "Happy" - Photo by Don West, Jr.

Remembering the peoples of the world who embrace their own pursuits of Independence and Freedom, especially those in Iran, Dafur, Somalia & Afghanistan. May our troops, and their loved ones, who sacrifice so dearly be included in all of our thoughts and prayers as we spark the grills and enjoy the fireworks displays!

HAPPY INDEPENDENCE DAY to all my friends stateside and to all those pursuing their own freedoms!

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Benjamin Frankiln's "Art of Virtue"

In his partially completed autobiography, Benjamin Franklin shared 13 virtues and the monitoring system he used, as he sought to invoke the 13 virtues into his daily life. As one of most generative of our Founding Father's, I share them with you as a tribute on Independence Day.

The Art of Virtue

by: Benjamin Franklin

1 . Temperance. Eat not to Dullness Drink not to Elevation.

2. Silence.
Speak not but what may benefit others or yourself.
Avoid trifling Conversation.

3. Order.
Let all your Things have their Places.
Let each Part of your Business have its Time.

4. Resolution.
Resolve to perform what you ought.
Perform without fail what you resolve.

5. Frugality.
Make no Expense but to do good to others or yourself:
i.e. Waste nothing.

6. Industry.
Lose no Time. Be always employ'd in something useful. Cut off all unnecessary Actions.

7. Sincerity.
Use no hurtful Deceit.
Think innocently and justly; and, if you speak, speak accordingly.

8. Justice.
Wrong none, by doing Injuries or omitting the Benefits that are your Duty.

9. Moderation.
Avoid Extremes. Forbear resenting Injuries so much as you think they deserve.

10. Cleanliness.
Tolerate no Uncleanness in Body, Clothes or Habitation.

11 . Tranquility.
Be not disturbed at Trifles, or at Accidents common or unavoidable.

12. Chastity.
Rarely use Venery, [indulgence in or pursuit of sexual activity], but for Health or Offspring; Never to Dullness, Weakness, or the Injury of your own or another's Peace or Reputation.

13. Humility.
Imitate Jesus and Socrates.

*******

In a great country that provides unequaled freedoms, we are all free to be virtuous as well. Happy Independence Day!

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What is Your Legacy?

See the Anatomy of Don's Personal Crest

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Photo - "Standing Tall"

Photo of the Day - July 3, 2009: "Standing Tall" - Photo by Don West, Jr.

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Benjamin Franklin and the Junto

Ben Franklin's Junto was called the Leather Apron Club

Benjamin Franklin is my personal favorite among the Founding Fathers. In part, because he was so enthusiastically multifaceted and loved books, and, in part, because he too was an author and printer/publisher. On the eve of the United State's Independence Day, I felt inspired to share a little about this mega-creator and noted international statesman. Among his numerous credits are: playing a major role in the founding of the University of Pennsylvania, establishing the country's first public library, and, most of us are familiar with his exploits involving a key, a kite and a lightening storm.

What many of us are less familiar with, may be his almost life-long practice of self-improvement in a group environment, in a group Franklin called, the Junto. In 1727, (282 years ago), Benjamin Franklin, then 21 years old, created the Junto, a group of like minded aspiring artisans and tradesmen who hoped to improve themselves while they improved their community. Franklin credited many of his life's successes to his participation in the collective thought and activity of the Junto.

Numerous luminaries have explored and endorsed the concept of the Junto, including:

* Author Napolean Hill, who often referred to this type of a group as the "Master Mind";

* Psychiatrist Carl Jung who describes its virtues as the "Collective Unconscious"; and,

* Physicist Albert Einstein had a group, and called his small group "The Olympia Academy."

Are you involved in the regular practice of self-improvement? If so, do you have a cooperative group that is aligned toward the same goal(s)? If not , today is the day to start. If you're on facebook there is new page that utilizes the principle called, The Success & Prosperity Mastermind. So, no excuses, join forces with someone today and watch you efforts multiply exponentially.

With all that Franklin accomplished, (only the tip of the ice berg is highlighted above), one of Franklin's most enduring Legacy elements can be found in the words of his autobiography, specifically, his 'Art of Virtue.' Franklin never finished his autobiography and in some ways robbed us all of his wisdom and intellect by not doing so. Franklin would have deemed this one among of his life's 'great errata', I will suppose. However, each of us can learn from what he did share, and use his examples to begin to forge and record our own rich and lasting legacies.

Tomorrow, in Benjamin Franklin's honor for Independence Day, we will post Ben Franklin's Art of Virtue. Stay tuned....

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Essentials: Your Last Will & Testament

A Will or Last Will & Testament is a legal document usually requiring the signatures of witnesses and outlines the final distribution of your property and possessions, designating your wishes for who takes responsibility for your minor children and/or disabled dependents on the event of your passing, as well as other issues you desire to address.

Who needs a will? Almost everyone can benefit from having a will. If you own things or have minor children something must happen when you transition, there is no way to avoid this absolute of life. Take control and responsibility today, it is very important.

Have a question, just ask.

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Photo - "I See You"

Photo of the Day - July 2, 2009: "I See You" - Photo by Don West, Jr.

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Photo - "A Connected Continuation"

Photo of the Day - July 2, 2009: "A Connected Continuation" - Photo by Don West, Jr.

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The Beginning - July 2009

July marks the beginning of the second half of 2009 people, can you believe it? So in my efforts to make the most out of the rest of this year, I decided to give myself a few objectives and benchmarks to achieve this month. In seeking to not be out on the trials all by my lonesome, I figured I'd write this short note to memorialize my plans and tag some very inspiring people as well.

So, after you read this note you may want to do the same for yourself, even if it is on a scrap piece of paper or in a journal or notebook.

Powerful Energies Being Unleashed!

1.) My Clear Definitive Goal, ("CDG"), for July '09 is to be of greater service to everyone around me: my family, friends, clients and strangers alike.

2.) I seek to take on a greater spirit of humility this month, send me your prayers and positive energies to help me accomplish this heavy task.

3.) I must GMWGT! And further spread the GYWGT concept and the ideas that make it work. I desire to empower everyone who has a message, idea, movement, product or service to harness the dynamic forces of the internet in order to increase exposure and add dollars to their pockets. We all need to further monetize our efforts and bodies of work! Christopher Knight and his company, http://www.EzineArticlescom goes a long way toward embodying this idea and empowering thousands of people.

[GYWGT is a service mark that stands for,
"Get Your Web Game Tight!"]

Inspired by David A. Arnold

4.) Become connected with more uplifting people, positive thinkers, and manifestors of their own destinies & future's path.

Pretty simple, straight forward and to the point.

So, if you would look over the list one more time; I am sure you can think of two (2) people you can introduce me to that will empower me to achieve any of the above four benchmarks. I would greatly appreciate it and will do my best to return the favor if you tell me what you are seeking to accomplish this month on your path....

My Break Out Person for the Month of July is: Debi Hepler

Debi has a fantastic spirit lots of warm energy, but she says she is shy and slow to come out of her shell. I think Debi is going to put her shy side behind her and share her brilliant wonderfulness with many more people in the near future. She's already engaged my mentor, David Cornwell, on a thread and constantly shares pleasant comments with me....

Thanks to everyone and please consider dropping in on Debi and getting to know this awesome Indianapolis native!

Keep Acting and Thinking Positive!

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The Generative Legacy of Neda Agha-Soltani

Her parents named her Neda, which in Farsi, (the official language of Iran), means ‘voice’ or ‘call’. Sadly, her name has shown to be so prophetically appropriate that it is appears as though providence had touched this young life since birth. Although she did not set out to be a leader or even an activist, Neda has become an iconic heroine of freedom and justice within the state of Iran and around the world. I make these observations as a geographically removed outsider; I am an American who is a fan of Iranian/Persian culture and an avid enthusiast of Persian history. (I even have an online store that promotes the Persian culture called http://www.PersianBazaarcheh.com, which translates to ‘little Persian store or bazaar.’) But I do not see Neda, nor the current Iranian reform movement, as new or even isolated instances of the Iranian people’s quest toward human dignity and equality. Neda rises on the broad shoulders of scores of generations of Iranian peoples and traditions who have been history makers and innovators within this realm. In fact, it was the Persian King Cyrus the Great, (Kourosh), who in 539 BC gave the world its first enumerated Human Rights Charter and instituted a rule allowing freedom of religious practice through his vast empire. In a poignantly ironic twist, Cyrus the Great is also the Persian King who freed the Jews from captivity in Babylon and allowed them to return to Jerusalem.

As a Legacy Lawyer, every day I encourage regular people to create, explore and recognize their legacies and to understand the importance of guiding the next generation. It is important for us to recognize Neda, and look inward for ourselves to see what we have available in our lives to create and generate our own lasting legacies. Whether our legacy’s focus deals directly with our personal journeys through life, our businesses, our families, our cultures or countries of origin, the value of these experiences are priceless to those we are connected too. This may be especially true for all of the Iranian peoples who have left the country and have children who have never been to Iran and are only able to see the images and news blurbs made available on the television and internet today. But this applies to all of us. Many of the cultures and civilizations we understand and revere today are in such a position because they took the time to speak and to write down the proper information and values for their future generations and therefore for all of us to benefit from, explore and understand.

My idea of a legacy varies from that of many traditional lawyers who primarily deal only with the transfer of tangible assets. My vision of legacy encompasses the intangible and sentimental elements of an individual or organization’s life that gives purpose and definition to the tangible assets they create. In many ways it incorporates the ancient adage of ‘teaching a man to fish’ as opposed to simply, ‘giving a man a fish.’ These methods, values and stories need to be passed on from generation to generation, so that five years from now and five generations from now people will continue to stand up against unjust acts because they understand who they are and who they always have been. We can honor Neda today in mourning her death and respecting the symbolism her death represents, but we must also take the opportunity to gather our families and talk. At this moment, it can be especially impactful for both Iranians and non-Iranians alike to discuss and share where we all came from, what was the Persian Empire, what did great historical figures like Cyrus I & II, Daruis I, (Daryoush), and Xerxes I, (Khsayârshâ), contribute to world history, what does it mean to be Persian, and why has a Persian Diaspora occurred? This type of exploration in our ever shrinking world will reveal that we are all people, miraculously connected with far more similarities than differences. Each one of us holding a unique path and story, yet all contributing our individual uniqueness to the global human quilt that constitutes humanity.

Neda in her life chose to walk out into the crowd as a civilian and make a statement against Injustice. In her death, she achieved Societal Generativity a special plateau of generativity reserved for only a unique class of individuals, usually achieved only by the likes of Ghandi and Martin Luther King, Jr. Societal Generativity refers to a special ability and the requisite influence to create mass change on a community and/or societal level, often associated with influencing and guiding individuals who are not directly known or lie outside of the immediate reach of the originator. In an instant, due to the confluence of circumstance and the availability of technology, Neda achieved a mass global audience and her positive choice of taking a stand for what is right even the face of danger developed the requisite influence to be Societally Generative. “Every person has the same amount of influence; the only difference is the size of their stage.” How will you choose to use your influence?

I mourn Neda Agha-Soltani and all those who have fallen; and I congratulate and honor all who have exhibited the courage to stand up for Human Rights and stand against Injustice everywhere, past present and future.

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