Frequently Asked Questions
Common questions about our legal services, process, and how we can help you
Estate Planning
Why do I need an estate plan?
Without an estate plan your assets will pass according to state law. The laws of the state may not agree with your wishes. To be sure that your assets pass according to your wishes, an estate plan is necessary.
Do I need to worry about paying estate tax?
The threshold for paying the federal estate tax is over $13 million until the end of 2025. After that date, the exemption is set to "sunset" and be cut in half. Some states levy a state level estate tax that can be due at lower asset levels. Depending on the size and location of your assets, you may need to plan for the estate tax. As a CPA and attorney, I have a breadth of knowledge in this area and am able to advise clients on the options they have to limit the amount they pay in estate tax.
What's the difference between a will and a trust?
A will distributes your assets after death and goes through probate court. A trust can transfer assets during your lifetime and after death, often avoiding probate. Trusts provide more privacy, flexibility, and can reduce estate taxes, but are more complex to establish.
What happens if I die without a will in North Dakota and Minnesota?
Your assets will be distributed according to North Dakota and Minnesota's intestacy laws, which may not reflect your wishes. The court will appoint an administrator, the process takes longer, costs more, and your family has no say in who manages your estate.
Business Law
How do I start a business?
Once you have decided what kind of business you want to start, the next step is to form the legal entity that will operate that business. A worthwhile attorney will explain the pros and cons of different entity choices so that you understand you options. Based on that decision, your attorney files forms with the state to officially create your entity. Finally, it is best practice to draft an operating agreement that dictates what happens in a dispute within the business as well as voting rights and management duties. This operating agreement is especially important when the business has more than one owner.
How can I protect myself from business losses and lawsuits?
The choice of entity plays a crucial role in determining the level of protection you receive from business lawsuits. For example, as a sole proprietor, you receive little to no protection. The proper entity, when the requisite formalities are followed, can insulate your personal assets from lawsuits filed against your business.
Do I need a business succession plan?
You are not required to have a business succession plan, but it is a best practice to consider implementing one. Many business owners don't think about a succession plan and when it comes to retirement, they leave value on the table because they have not considered how to pass on the assets. A business is not like real estate where you can simply list it for sale. Without a plan to transfer the knowledge necessary to run the business and fund the succession, you may not realize any economic value from your business upon your exit. A business succession plan helps you get value for the business you have built.
What is a buy-sell agreement and do I need one?
A buy-sell agreement is a document signed by the owners of a business that dictates how shares of the company can be sold. Additionally, this agreement can provide a mechanism for receiving payment upon the death of an owner. Having a buy-sell agreement can be a useful succession planning tool. Some buy-sell agreements can be funded by life insurance so that upon the death of an owner, a seamless purchase of shares can occur. When a business has multiple owners, a buy-sell agreement is critical to protect against disagreements, creditors, and disputes over selling shares.
Fees & Process
Do you have payment plan options?
Yes! I understand that an estate plan is a big investment. I provide payment options that are easier on your budget.
How do you charge for your services?
Fee structures vary by service type. Estate planning is often charged as flat fees based on plan complexity. Business matters may be hourly or project-based. I provide clear fee estimates upfront and discuss all costs before beginning work.
What should I bring to my first appointment?
For estate planning: list of assets, existing legal documents, insurance policies, and information about beneficiaries. For business matters: business formation documents, contracts, financial statements, and any relevant correspondence.
How long does the legal process typically take?
Timelines vary significantly by service. Simple wills may be completed in 1-2 weeks, comprehensive estate plans take 2-4 weeks, business formations typically take 1-3 weeks, and complex transactions can take several months.
About Liljenquist Law
What makes you different from other law firms?
Several things make Liljenquist Law different from other law firms. First, in addition to being an attorney, I am also a Certified Public Accountant with extensive knowledge in business taxation. This allows me to consider your situation from multiple angles. For example, some legal decisions have tax ramifications that make them more or less advantageous. Second, I am a business owner myself. I have owned my CPA firm (Arrow Advisors SLP) since 2017 and I understand the unique challenges facing a business owner. Finally, I am adept at explaining complex topics to clients in a way that makes sense. I don't "talk down" to clients and I feel it is important for clients to understand the reasoning for my advice.
Do you work with clients outside of Fargo?
Yes, I serve clients throughout North Dakota and Minnesota. I can conduct consultations via video conference when appropriate, though some services require in-person meetings. I'm licensed to practice law in North Dakota and Minnesota.
How do you stay current with changing laws?
I maintain continuing education requirements for both law and accounting, participate in professional organizations, attend seminars, and regularly review legal and tax developments. This ensures I provide current, accurate advice.
Still Have Questions?
We're here to help. Schedule your free consultation to discuss your specific situation.
Important Legal Notice
The information provided in these FAQs is for general informational purposes only and should not be construed as legal advice. Every situation is unique, and laws can vary by jurisdiction and change over time. For advice specific to your situation, please schedule a consultation. Prior results do not guarantee a similar outcome.