Prevention is the Best Medicine for Your Business

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Asset protection is something that needs to be in place before something happens. Once you have received a letter from an attorney, the risk of being able to get protection can be at risk of a suit for fraudulent transfer.  As the saying goes, “Prevention is the best medicine” and taking action ahead of time to protect yourself is the best step to take. But where to begin?


Like insurance, you need to have a plan for the assets tied to your business before you have a problem, in order for it to work. In Mike’s book, The 3 Bucket Method for Asset Protection, he stresses the importance of keeping up with your corporate documents on an annual basis. And the first step to your asset protection plan can be identifying who in your corporate organization will be in charge of this task. In a nutshell, this includes keeping your annual minutes updated, having your records and agreements updated and identifying what you are missing for at least three years back.


Now you may ask yourself, do I really need to keep company minutes for every year? The fact is, corporate minute books serve as your official corporate records, so keeping up-to-date needs to be high on the priority list. Maintaining the minute books allow people to understand the decision-making processes of the corporation. Well maintained corporate minute books are an effective means of creating a paper trail to demonstrate to banks when you want a loan or government authorities, like the IRS during an audit, what transactions the corporation made. Banks and the IRS typically ask for the last three years of corporate documentation.


Business owners should maintain current and proper corporate records so that creditors, which include the IRS, are not able to challenge the validity of the corporate shield. Theses records and agreements should be stored in a safe place, since it is critical to maintain the corporate shield. By maintaining corporate records, the corporation meets state reporting and filing requirements. If a business owner doesn’t maintain corporate records or is unable to annually report and file records, the business entity might face penalties, fines and get dissolved. But maybe you are missing your corporate records and agreements.


What do you do then? Failure to maintain your records and annual minutes can invalidate the protection your corporate entity provides. Keeping current to avoid losing your protection is easier than you think. At our firm, we consider ourselves "the business doctors" and can help you manage these requirements so your entity is giving you the greatest protection available under the law. What we can do is conduct a Risk Audit Assessment that we base off of Mike’s book The 3 Bucket Method for Asset Protection. We can help you identify what you are missing and you can leave it to the professionals to get your business back to health and out of the “risk zone”.


Our Risk Audit assessment session is complimentary to our clients and Dickerson Digest subscribers, so be sure to take advantage of this opportunity and have your business maintain the protection you started with when you moved it into an LLC entity or similar business entity. In South Texas call us at 956-791-5422 and in Central Texas call us at 956-791-5422. Hope to chat more soon!

 

May 30, 2025
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May 23, 2025
May is here, June is near, and summer is practically knocking on our door. For many of us, this signals a time of transition—school is winding down, vacation plans are gearing up, and the slower pace of the season starts to take hold. I’m the first to admit: relaxation is vital. It helps us recharge, realign, and return to our responsibilities with renewed clarity. But while I’ll never discourage a healthy dose of leisure, I’ve also seen how the laid-back mindset of summer can lull us into dangerous patterns—especially when it comes to something as critical as protecting our families through proper estate planning. When Summer Relaxation Becomes a Risk As routines fade, so can our discipline. We justify delay with phrases like “I’ll get to it in the fall” or “It’s not urgent.” But the truth is, when we allow ourselves to completely unplug from the habits that keep our lives on track, we risk more than just momentum—we risk security. Let me explain using a story from my friend and mentor, Richard James. The Radiator and the Flood: A Lesson in Focus Years ago, Richard owned a funeral home in an old building in Scranton, Pennsylvania. The heat was powered by radiators, and when the system failed, he had to head to the basement and manually turn a knob to let water in. The catch? You had to keep your hand on the knob—turn it too long, and you’d flood the whole building. One day, while filling the radiator, a customer call pulled him away. Hours later, the horror hit: he had forgotten the water. He ran back in, shut it off, and rushed upstairs. Every floor was drenched. All because he took his hand off the knob. What’s Your “Knob”? This story sticks with me because I’ve seen what happens when families take their hands off the knob of estate planning. We get busy. We get distracted. And we think there’s always tomorrow. But what if there’s not? Recently, a close family member’s husband suffered a traumatic tear in his aorta—a terrifying, life-threatening event known as a "widow-maker." By the grace of God, he’s recovering. But that event was a wake-up call. No one is promised tomorrow. Estate Planning Isn’t Just Paperwork—It’s Protection Now is the time to review your estate plan. If you have college-aged children heading off for the summer or school in the fall, do they have healthcare powers. And if your family has changed—new children, marriages, or even business ventures—your plan needs to reflect that. Confession time: my wife and I just recently updated our own documents to include our two daughters, now 7 and 8. Yes, the estate planning attorney was late to his own paperwork party. But we’re catching up—because their future matters more than our excuses. This Summer: Relax—but Don’t Procrastinate It’s possible to enjoy the slower pace of summer without losing sight of what matters. Schedule a time—yes, even between beach trips and backyard barbecues—to meet with your estate planning attorney. Review your will. Update your trust. Make sure your healthcare directives are current. There is no greater peace of mind than knowing your family is protected. Ready to Reclaim Control? If you’re realizing it’s time to get your house in order, we’re here to help. Contact us today to schedule a conversation. We’ll walk you through what needs to be updated, what may be missing, and how to make sure your family isn’t left unprotected. Because life doesn’t always wait. And the best time to keep your hand on the knob… is now.
May 15, 2025
As parents, sending your child off to college marks a pivotal moment—equal parts pride, excitement, and nerves. You’re likely consumed with the practicalities: move-in checklists, course registrations, and late-night Target runs for dorm essentials. But amid the whirlwind of logistics and emotional goodbyes, there's a critical legal step that often gets overlooked—one that can profoundly impact your ability to help your child in times of need. Before they leave the nest, every young adult should execute three essential legal documents: a Durable Power of Attorney, a Designation of Health Care Surrogate, and a HIPAA Authorization. Turning 18 Changes Everything When your child turns 18, they’re legally an adult. That milestone doesn’t just mean they can vote or sign contracts—it also means that, under the law, you no longer have automatic rights to make decisions for them, even in a crisis. Many parents are shocked to discover that, despite footing the tuition bill or keeping their child on the family health insurance plan, they are legally barred from accessing medical information or stepping in during a health or financial emergency. In most states, physicians are prohibited from discussing a patient’s condition—even with parents—without explicit permission. The consequences can be heart-wrenching. A Real-Life Wake-Up Call Consider the story of Thomas, a sophomore at Penn State who fell seriously ill after spring break abroad. When his father rushed to be by his side, the university infirmary refused to disclose any medical information. Why? Thomas hadn't executed a health care proxy or HIPAA release. Ironically, Thomas’s father is an estate planning attorney himself—a poignant reminder that even those who live and breathe these documents can overlook them when it comes to their own families. Fortunately, Thomas made a full recovery. But the emotional toll and helplessness his parents experienced were preventable. The Three Documents Every College Student Needs Let’s break down the legal tools that ensure you can step in when it matters most: 1. Designation of Health Care Surrogate (Health Care Proxy) This document appoints someone—typically a parent—to make medical decisions if your child is incapacitated. It also grants access to medical records and, if combined with a living will, allows your child to articulate their wishes regarding life-sustaining treatments. 2. HIPAA Authorization HIPAA—the Health Insurance Portability and Accountability Act—strictly protects patient privacy. A HIPAA release allows healthcare providers to share medical information with designated individuals, such as parents. Without it, you may be left completely in the dark during an emergency. 3. Durable Power of Attorney This legal instrument authorizes a trusted person (usually a parent or close relative) to handle financial and legal matters on your child’s behalf. That includes managing bank accounts, filing taxes, accessing academic records, and signing leases or other documents. It can be drafted to take effect immediately or only under certain conditions, such as incapacity. Beyond Emergencies: Everyday Usefulness These documents aren’t just for worst-case scenarios. Consider their practical utility: Your child is studying abroad and loses their passport. You need to transfer funds or resolve a banking issue. A lease needs to be signed while your child is away. The school refuses to share grades—even when you're footing the bill. A properly executed power of attorney can streamline all of these situations. Choosing the Right Agents While parents are often the default choice, some students may prefer to name another trusted adult—an older sibling, aunt, or uncle—particularly in strained parent-child relationships. What’s crucial is that your child trusts the person they appoint. Always name a backup (successor agent) in case the primary agent is unavailable. Overcoming Hesitation Convincing a teenager to sign legal documents might feel like an uphill battle. Start with an open conversation about responsibility and readiness. Some parents take a firmer stance, making it a condition of financial support or car ownership. You might also consider involving a professional. I frequently meet with families to provide a tailored "college legal readiness" package, explaining the documents and ensuring everyone understands their rights and roles. Often, a brief consultation with a knowledgeable estate planning attorney is enough to put the importance of these documents into perspective. An Invaluable Gift of Preparedness In a sea of back-to-school expenses, these documents are a modest investment—typically just a few hundred dollars—that can spare you immense stress and cost down the road. They don’t just grant legal authority; they offer peace of mind. After nearly three decades in estate planning, I’ve learned this: no parent wants to be on the sidelines when their child is hurting or in need. With these documents in place, you won’t have to be. If you’d like to prepare a Back-to-School Legal Readiness Package for your college-bound student, our office is here to help.
April 25, 2025
If you’re like many of my clients, this season brings a new chapter—one that’s marked by Target runs, dorm room checklists, and the bittersweet feeling of watching your son or daughter pack up and head off to college. It’s exciting. It’s nerve-wracking. And yes, you’ll worry—because that’s what good parents do. You’ll wonder if they’re eating enough vegetables, if they’re studying more than they’re streaming Netflix, and if they’re sleeping in beds instead of on beanbags. But while those are normal worries, there’s one major concern that too many parents overlook: what happens if your child has a medical or financial emergency while away at school? Here’s the kicker: once your child turns 18, the legal rules of parenting change entirely. They may still be on your insurance plan. You may still be footing the tuition bill (and the Uber Eats account). But in the eyes of the law, they are now an adult—and that means you are no longer automatically entitled to know what’s going on in their life. Especially when it comes to their health and finances. Let me paint you a picture… The College Emergency That No One Warned You About Your child ends up in the emergency room after a bike accident on campus. You get a call from a friend or roommate, and you rush to call the hospital to find out more. What do you hear? “I’m sorry, we can’t release any information about that patient.” It doesn’t matter that you’re the parent. It doesn’t matter that you’re paying the bills. The HIPAA law—a well-meaning federal law that protects patient privacy—forbids doctors from sharing any medical information about your adult child without their explicit consent. Even in an emergency. Even if your child is unconscious. Even if they need life-saving decisions made on their behalf. The Simple Solution Every Parent Should Have in Place Now, I’m not here to scare you—I’m here to prepare you. Because the solution is simple, inexpensive, and critically important. Every college-bound student should have the following three documents in place before they ever leave home: HIPAA Release Authorization This gives you legal permission to receive medical information about your child in case of an emergency. Designation of Health Care Surrogate (also known as a Medical Power of Attorney) This allows you to make medical decisions on their behalf if they are unable to. Durable Power of Attorney This enables you to help manage your child’s finances—whether that’s accessing their bank account, helping with tuition payments, or resolving issues with their landlord. These documents put you back in the role of trusted decision-maker—not because you’re controlling, but because you care. What’s a Parent to Do? Let’s Talk. If you’re reading this and feeling that familiar parental tug—that urge to do something smart for your kid’s future—you’re in the right place. I’ve created a free, easy-to-follow guide that walks you through what these documents are, why they matter, and how to get started. You’ll find the QR code below—scan it and download the guide in under a minute. And if you’re ready to take the next step? Call my office. We’ll walk you through the process and help you get everything in place before your young scholar heads off to conquer the world. Because you may not be able to control how many classes they skip or whether they eat enough protein, but you can make sure that if the worst happens, you’re ready. Warm regards, Joseph Michael Dickerson Board-Certified Estate Planner The J.M. Dickerson Law Firm P.S. Got more than one child heading to college? Let’s get a family plan in place. This isn’t one of those “maybe someday” items. It’s an easy win for your peace of mind today. Let’s get it done.
April 11, 2025
By Joseph Michael Dickerson, Board-Certified Estate Planning Attorney Let’s set the record straight: you don’t need a mansion in Beverly Hills, a fleet of exotic cars, or a rare wine cellar to justify having an estate plan. If you’re a hardworking Texan with a home, a savings account, and people you care about—you need one. I’ve had countless clients ask me, “Do I really need an estate plan?” And my answer is always the same: Yes. You absolutely do. Why? Because estate planning isn’t about how much you have—it’s about what happens to what you do have. It’s about creating certainty, avoiding chaos, and making life easier for the people you love most. W hat Is an “Estate,” Really? Let’s demystify the word. Your estate is simply everything you own when you pass away. That could be a modest home, a truck, a retirement account, and a few family heirlooms. It could also be a business, investments, or real estate. Whether your estate is simple or complex, it still needs to be managed—and without a plan, the government and the courts will step in to do it for you. I’ve seen what happens when folks leave things to chance. Court involvement, higher attorney’s fees, delays, disputes among family members. And all of it could’ve been avoided with a well-drafted estate plan. No Plan = Big Problems If you pass away without a plan in Texas, the legal system doesn’t just shrug and walk away. It steps in—and often in ways that can surprise and burden your family. For example, your loved ones may be required to go through dependent administration, a court-supervised probate process that’s expensive, slow, and stressful. They may need to obtain a bond, appear in court multiple times, or hire multiple professionals to sort through things. It can drag on for months—or years. And if you’ve got a blended family, things get even more complicated. Did you know that in some cases, your stepchildren could inherit part of your estate—including rights to the family home—if you don’t have a plan? That could leave your surviving spouse in a legal bind, unable to sell or refinance without their consent. I’ve seen this happen, and it’s heartbreaking—but it’s also entirely preventable. Estate Planning Is an Act of Love Let’s be clear: estate planning isn’t just a legal process—it’s a gift to your family. It gives them clarity, direction, and peace during a time of grief. It saves them money. It avoids conflict. And it gives you peace of mind knowing that your wishes will be honored and your legacy protected. Texas law actually makes things easier for families with a solid plan. There are streamlined options like independent or summary administration—but only if you set things up properly ahead of time. That’s where the guidance of an experienced estate planning attorney makes all the difference. The Bottom Line You don’t need to be rich to need an estate plan. You just need to care about what happens to the people and things you leave behind. Estate planning is about making smart, thoughtful decisions now so that your family doesn’t have to make difficult, expensive decisions later. It’s about putting a plan in writing while you’re alive and well, so that your wishes—not the state’s—are the ones that matter when the time comes. If you haven’t created an estate plan yet, I encourage you: don’t wait. This is one of the most important steps you can take to protect your family, your assets, and your legacy. Let’s get your affairs in order—so you can get back to living with confidence.
January 17, 2025
As we step into the new year, I find myself reflecting on the countless entrepreneurs, professionals, and business owners I’ve worked with throughout my career. Helping clients mold a shield of protection around their assets has been one of the most rewarding aspects of my practice. Time and time again, I’ve witnessed that success isn’t reserved for geniuses, nor does it require a fancy degree. The secret lies in action, strategy, and discipline—traits anyone can cultivate to achieve and maintain wealth. The Myth of Instant Wealth How often have we heard someone say, “When I win the lottery, I’ll finally be set”? It’s a common refrain, but let’s examine the reality. Imagine winning $10 million in the lottery. After choosing the lump sum option and paying taxes, you might walk away with only a fraction of that—perhaps $2 million. Without a solid financial plan, it’s no surprise that many lottery winners end up broke within a few years. True wealth isn’t about luck or flashy possessions. It’s about what you do with your resources and how you protect them. If you look around your community, the truly wealthy aren’t necessarily the ones with the biggest houses or newest cars. They’re often the ones who’ve taken calculated risks, lived within their means, and built unglamorous but steady businesses. These individuals mold the clay they’re given, creating shields of protection around their assets that ensure their financial stability for generations. The Trap of Looking Rich We’ve all seen it—the big house, luxury car, and designer wardrobe. But appearances can be deceiving. Many who look wealthy are drowning in debt, spending more than they earn, and chasing the illusion of success. As my wife lovingly calls it, Dickersonism #7: “Looking rich does not MAKE you rich.” True wealth is built on a foundation of solid, income-generating assets, not consumables. Falling into the trap of “keeping up with the Joneses” (or Kardashians) often leads to financial instability and missed opportunities to create lasting wealth. The Cost of Inaction One of the greatest obstacles to wealth and protection is inaction. Henry Ford famously said, “If you think you can, you can. If you think you can’t, you can’t. Either way, you’re right.” Inaction is the path of least resistance, but it’s also the path to missed opportunities and unfulfilled potential. Some hesitate out of fear or over-analysis, a condition I call “analysis paralysis.” It’s easy to get caught up in what could go wrong, but this mindset keeps you stagnant. Every successful person I’ve worked with has one thing in common: they took action. They understood the risks but focused on the rewards, moving forward despite uncertainty. Setting Your Course for 2025 If you haven’t taken steps to mold your financial future, now is the time. Ask yourself: Where do you want to be a year from now? In five years? In ten? Define your goals and begin building the path to reach them. Just as importantly, protect what you’ve built. Not having a plan to shield your assets is like running exposed electrical wiring—sooner or later, you’ll face unnecessary risks. A board-certified estate planning attorney can help you design a plan to safeguard your wealth, ensuring it stays secure for you and your loved ones. Take Control of Your Future Success doesn’t just happen—it’s molded. Listen to trusted advisors, but remember that the final decisions are yours to make. Clarify your vision, take bold steps, and build the life you’ve always dreamed of. At The J.M. Dickerson Law Firm, we’re here to guide you every step of the way. Whether in person, by appointment, or via Zoom, we’re committed to helping you create a legacy of success and security. Contact us today, we can help! South Texas: 956-791-5422 Central Texas: 830-302-4577 Let’s make 2025 your year of action, growth, and protection.
December 20, 2024
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December 13, 2024
As the end of the year approaches, it’s easy to feel the weight of unfinished tasks and the hustle of the holiday season. Between wrapping up work projects, preparing for family gatherings, and making plans for the future, this time of year can feel overwhelming. But amidst the busyness lies a valuable opportunity—the chance to press reset and prepare for a fresh start. The New Year offers a clean slate, making it the perfect time to reflect, reorganize, and refocus your goals. By dedicating some time to the right activities now, you can set yourself up for success in the months ahead. Here are four key steps to help you start the New Year on solid footing. Step 1: Reflect on the Past Year As the calendar flips to a new year, many of us naturally find ourselves looking back at the previous 12 months. This is the perfect moment to assess your professional and personal accomplishments, challenges, and growth. Ask yourself: • What were my biggest successes this year? • What goals did I miss, and why? • What strategies or habits worked well for me? • Where can I improve moving forward? Reflection isn’t just about identifying wins and losses; it’s about understanding the “why” behind them. Seek feedback from colleagues, mentors, or trusted peers to gain new perspectives. The more honest and thorough your evaluation, the more valuable it will be as a foundation for future planning. Step 2: Create a Game Plan for the Year Ahead Reflection is only the beginning. To make real progress, you need a clear and actionable plan for the year ahead. Start by defining your big-picture goal for the next 12 months. What’s the most important outcome you want to achieve? Once you have that, break it down into smaller, measurable objectives. For example, if your goal is to expand your business, your smaller objectives might include increasing marketing efforts, attending networking events, or launching a new service. Outline the steps needed to achieve each objective and set realistic timelines for completion. Revisit your goals regularly—at least quarterly—to ensure you’re staying on track or to adjust for any changes in your circumstances. Flexibility is key to maintaining momentum throughout the year. Step 3: Declutter Your Inbox An overflowing email inbox can be a constant source of low-grade stress. Ending the year with a streamlined and organized inbox can give you a fresh sense of control as you head into January. Here’s how to tackle it: • Respond immediately to any urgent or unresolved messages. • Delete emails that are no longer relevant. • Unsubscribe from newsletters or mailing lists you no longer find useful. • Create folders and filters to better organize incoming messages moving forward. To keep your inbox manageable, schedule regular cleanups throughout the year. Whether monthly or quarterly, these maintenance sessions will prevent clutter from building up again. Step 4: Knock Out Small Tasks The small, unfinished tasks lingering on your to-do list can be more draining than you realize. Use this time to cross off as many as possible before the New Year begins. • File paperwork that’s been piling up. • Respond to emails you’ve been avoiding. • Wrap up loose ends on ongoing projects. Completing these small but nagging tasks will give you a sense of accomplishment and free up your mental bandwidth for bigger goals in the New Year. Starting January with a clean slate will allow you to hit the ground running. Your Fresh Start A new year is a chance to realign your priorities, set meaningful goals, and approach your work with renewed focus. By reflecting on the past year, setting actionable goals, decluttering your space, and tying up loose ends, you’ll create the foundation for a successful year ahead. Whether you spread these steps out over a few weeks or tackle them all in one day, the most important thing is to commit to the process. A little effort now can make a big difference in how you start the year—and how you finish it. Here’s to making the most of your fresh start!
November 11, 2024
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