In this episode of TFE Talks, Jordan Goewey and associate attorney Ben Ferris unpack the crucial difference between employees and independent contractors and why that distinction matters for business owners. They discuss how misclassification can create legal and tax risks or unnecessarily increase costs, and explain the key factors authorities like the IRS look at, especially who controls day-to-day work. Using examples like a gym and personal trainers, they highlight practical indicators such as control, payment structure, use of equipment and workspace, and whether the worker serves multiple businesses. They also emphasize that written agreements must accurately reflect the real relationship and be consistently followed in practice. The key takeaway: decide what you want the relationship to be, document it clearly, and then operate in line with that agreement to reduce risk now and protect the value of the business in a future sale.

Topics in this conversation include: 

TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com.

The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of TFE Talks, Jordan Goewey and Matt Edwards break down indemnification provisions in business purchase agreements, especially in the context of selling a business. They explain how representations and warranties are promises sellers make about their business, and how indemnification provisions act like an insurance policy for buyers when those promises turn out to be untrue. The conversation covers key negotiation points for sellers, including baskets vs. deductibles, caps on liability, time limits on claims, and how funds for indemnification are sourced through holdbacks or escrows. They emphasize the importance of addressing these “fine print” terms early in the process—ideally at the letter of intent stage—so that business owners understand not just the purchase price, but also the real risk of giving money back after closing.

TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com.

The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of TFE Talks, David Thompson and estate planning specialist Jordan Goewey break down how irrevocable life insurance trusts (ILITs) work and why they matter for high-net-worth individuals. They explain when life insurance can become estate taxable, the concept of “incidents of ownership,” and how moving policies into an ILIT can keep proceeds outside the taxable estate while still providing liquidity for estate taxes, business needs, or family support. The discussion covers basic ILIT structure (trustees, beneficiaries, and policy ownership), the use of Crummey powers and annual gift tax exclusions to fund premiums efficiently, key administration requirements like Crummey notices, the impact of generation-skipping transfer tax, and strategies for transferring existing policies into an ILIT, including sales to avoid the three-year look-back. Listeners come away with a practical understanding of when an ILIT may be appropriate and how it fits into broader estate and tax planning. 

Topics in this conversation include: 

TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com.

The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of TFE Talks, David Thompson and Jordan Goewey discuss the essential role of powers of attorney (POA) in estate planning. They explain what a power of attorney is, the difference between financial and health care powers of attorney, and key terms like “durable” and “springing.” The conversation covers broad vs limited financial powers of attorney, how to choose and structure agents (including co-agents and compensation), and why most financial POAs are effective immediately rather than springing. On the healthcare side, they walk through South Carolina’s healthcare power of attorney form, including decisions on organ donation, life-sustaining treatment, and nutrition/hydration, and compare it to a living will, explaining why a healthcare power of attorney is usually the better, more comprehensive tool. The key takeaway is that nearly every adult, young, old, or with college-age children or aging parents, should have both financial and health care powers of attorney in place to avoid court intervention and ensure trusted decision-making in times of incapacity.

Topics in this conversation include: 

TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com.

The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of TFE Talks, host Jordan Goewey talks with new attorney Maisie Greene about her path from the Chicago suburbs to Wake Forest University, Washington University in St. Louis School of Law, and ultimately to Spartanburg, South Carolina. Maisie explains how her experience at a large St. Louis firm in estate planning and business law prepared her to bring big-firm expertise to a focused practice at Thomas, Fisher & Edwards. They discuss why she’s drawn to estate planning, the direct impact it has on families and business owners, and what excites her about serving the growing Spartanburg market, highlighting her client-centered approach and the firm’s collaborative, process-driven style.

Topics in this conversation include: 

TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com.

The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of TFE Talks, attorneys Jordan Goewey and David Thompson discuss the pros and cons of different business entities, focusing on corporations, S corporations, LLCs, and professional associations in South Carolina. They explain key concepts such as corporate formalities, double taxation, S corp election benefits, and unique requirements for professional practices. Listeners will learn essential considerations for choosing the right entity and the importance of informed planning and seeking professional guidance to optimize liability protection and tax outcomes. Don’t miss these insights! 

Topics in this conversation include: 

• Welcome to Today’s Episode and the Topic for Today (0:55)
• Updates on Firm and Professional Achievements (3:45)
• Explaining the Formalities of Corporations (6:32)
• Tax Implications for Corporations vs. LLCs (9:30)
• S Corporation Basics and Owner Limitations (12:28)
• S Corporation Benefits: Payroll and Tax Savings (15:25)
• Qualified Small Business Stock Discussion (18:23)
• Professional Associations and Entity Choice for Professionals (21:21)
• Key Considerations When Electing Business Entities (22:48)

TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com.

The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of TFE Talks, attorneys Jordan and David discuss the importance of choosing the right business entity, exploring sole proprietorships, general partnerships, limited partnerships, and LLCs. They break down the tax implications and liability concerns for each structure, emphasizing how the default choices can impact your personal assets and business risks. Listeners will learn why proper entity selection and professional guidance are crucial for protecting their wealth and ensuring long-term business success. Don’t miss these great insights!

Topics in this conversation include: 

• Welcome to Today’s Episode and New Recording Format (0:42)
• Sharing Recent Accolades for Jordan and David (3:11)
• Why Entity Choice Matters for Business Owners (6:18)
• Sole Proprietorships: Simple but Risky (9:24)
• Accidental Partnerships and Liability Insights (12:25)
• What Distinguishes Limited Partnerships? (15:30)
• LLCs: Flexibility, Taxation, and Asset Protection (18:36)
• Final Takeaways and Previewing the Next Episode (20:30)

TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com.

The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of TFE Talks, attorneys Jordan Goewey and Parker Baker break down the complex topic of Section 754 elections in partnership taxation, explaining when and why these elections matter. Listeners learn the difference between inside and outside basis, the tax implications of partnership interest transfers, and the importance of timely making a 754 election. Key takeaways include being proactive in planning, considering including 754 election provisions in operating agreements, coordinating with accountants to avoid costly tax mistakes, and so much more.

Topics in this conversation include: 

• Welcome to Today’s Episode (0:37)
• What Is a Section 754 Election and When Does It Arise? (3:06)
• Understanding Inside Basis Versus Outside Basis (5:18)
• Why Mismatched Basis Matters: 754 Election Relevance (7:04)
• The Downsides or Risks of a 754 Election (8:53)
• How to Make the 754 Election and Why Timing Matters (10:14)
• Biggest Mistake: Failing to Make the Election (10:27)
• Practical Takeaways for Business Owners and Advisors (11:37)
• Importance of Planning in Advance with Operating Agreements (12:12)
• Final Thoughts and Takeaways and Where to Learn More (13:03)

TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com.

The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of TFE Talks, Attorneys Jordan Goewey and David Thompson break down the essentials of community property vs. separate property states, highlighting the unique legal frameworks, tax advantages, and estate planning implications, especially for clients moving between states. The discussion covers which states have community property laws, the substantial income tax benefits of community property, and the importance of identifying and segregating assets after relocating. Practical advice is given on using community property trusts and consulting estate planning attorneys early to protect client wealth and ensure the best possible outcomes. Key takeaway: Awareness and proactive planning are crucial for anyone with significant assets or those considering a move between different property law states. Don’t miss these great insights. 

Topics in this conversation include: 

• What Is Community Property? (1:38)
• States With Community Property Laws (2:38)
• Importance Of Community Property For Estate Planning (4:13)
• Income Tax Benefits Of Community Property (5:19)
• How Title And Community Property Interact (8:39)
• Handling Community Property After Moving States (10:39)
• Preserving Community Property With Trusts (13:14)
• Opt-In States And Elective Community Property (16:08)
• Practical Advice For Advisors And Clients (18:26)

TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com.

The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of TFE Talks, Jordan Goewey and Parker Baker break down the complex topic of the Delaware Tax Trap, a strategic estate planning tool that can boost tax efficiency for beneficiaries of irrevocable trusts. They explain what the Delaware Tax Trap is, when and how to leverage it for a basis step-up on appreciated assets, and the pros and cons of using a beneficiary’s will versus decanting a trust. Listeners will learn how rising estate tax exemptions make income tax planning more crucial than ever, and receive practical guidance for identifying opportunities and avoiding common pitfalls in advanced trust and estate administration. Don’t miss these great insights! 

Topics in this conversation include: 

• Explaining the Delaware Tax Trap (0:50)
• What Triggers the Trap and Why It’s Dangerous (1:22)
• Who Should Use the Delaware Tax Trap? Ideal Scenarios (3:29)
• Using a Limited Power of Appointment: Process and Benefits (5:17)
• Comparing Decanting vs. Delaware Tax Trap: Pros and Cons (7:12)
• Practical Advice for Listeners on Identifying Opportunities (10:24)
• Income Tax Planning is the New Estate Planning (11:09)
• Parting Thoughts and Ways to Learn More (12:33)

TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com.

The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.