Home > Money and Finance > Financial Planning > Creating an Estate Plan for Your Business


Tom Nutile

Guide to Creating an Estate Plan for Your Business

Proper planning can reduce successor squabbling and the amount that goes to Uncle Sam


Highly
Useful
7.0
out of 10

Add Your Comments
 
 
Email Guide to Creating an Estate Plan for Your Business to a friend
Save the Guide to Creating an Estate Plan for Your Business to My Work.com Favorites
Print the Guide to Creating an Estate Plan for Your Business
link to this page
Save to del.icio.us
digg it!


Most of us know it makes sense to have an estate plan so that our heirs can be the major beneficiaries of our wealth. It also makes sense to have the equivalent of an estate plan for your business that addresses management succession as well as compensation for the future owners.

Here are some tips on getting started:

  1. A business without a workable plan for succession and management after an owner's death is almost guaranteed to expire along with the owner. Roughly two-thirds of all family businesses fall apart during the transition.
  2. The sooner you start an estate plan for your business, the better. It's less expensive and there are fewer complexities if you set up a plan in the early stages of your company's growth.
  3. If you choose to transfer your business assets to your heirs, a plan that does so over a period of time can dramatically decrease their tax liability.
  4. Communicate regularly with advisers, including your accountant and lawyer, about your plans so there is no steep learning curve if an unforeseen event occurs. Keeping advisers up to speed decreases the chance of a costly error.

Action Steps
The best contacts and resources to help you get it done

Forming an LLC can leave you in control as you transfer assets to heirs


If you own a small, closely-held company and want your heirs to inherit it with a minimal tax exposure, consider a limited liability corporation structure. You can continue to control the assets and run the firm while gradually transferring assets to your heirs.

I recommend: Find out about LLCs and business estate planning at CPA Journal and get a sample LLC form at Legal Survival or a customized one at LegalZoom.

Consider a life insurance trust


You may want to set up an irrevocable life insurance trust (ILIT) if your designated successors might not have the funds to buy your business after you're gone. An ILIT allows the proceeds from the insurance to be used by the successors to purchase the business.

I recommend: Estate planning information on ILITs and other planning procedures is available from Scroggin & Co.

An installment sale can help with taxes


An installment plan allows you to sell your company to a family member over time through a manageable payment arrangement. It can also decrease the amount of taxable income created by the transaction.

I recommend: Get information on installment sales at Financial Planning magazine.

Build flexibility into your plan


With changes in tax rates, both federal and state, occurring with regularity, it's best to build a plan with flexibility in it and to adapt that plan as tax laws and rates change.

I recommend: LegalZoom offers tips on adding flexibility to your plan.

Bone up on the ins and outs of estate plans for business


Do your homework before consulting an attorney or a financial planner about setting up an estate plan for your business.

I recommend: Learn more about taxes and small businesses at www.nolo.com

Tips & Tactics
Helpful advice for making the most of this Guide

  • Let reason, not emotion, be your guide when dealing with family members. If a family member lacks the skills to take an important position following your death, hire and retain a non-family member and find another way to compensate your relative.
  • Keep your heirs and employees in the loop about your plans. It can decrease tension and give everyone an added incentive to learn to work together before the plan takes effect.
  • Your plan should include a way to purchase the assets of your business partner or partners. If a partner dies and the spouse, who has no desire to be in the business, inherits the assets, you may be forced to sell the business to pay for the spouse's share.
  • Re-evaluate your plan as changes take place in your life – divorce, growth in assets, birth of children, illness.

The official source of Creating an Estate Plan for Your Business is
the Estate Planning page at Business.com

Featured Vendors

Create your Last Will or Living Trust Online with LegalZoom
Create reliable last wills, living trusts, living wills, and Powers of Attorney in 3 easy steps. As seen in the WS Journal, NY Times, and CNN.
www.legalzoom.com

Wachovia Estate Planning
Make a Lasting Plan for Your Estate with a Dedicated Wealth Manager.
www.wachovia.com/wealth

Estate Planning using a Wyoming Company
Offers services for incorporating in Wyoming as part of an estate planning strategy.
wyomingcompany.com

IRS Tax Relief
Stop a Levy or Lien. Save up to 90% off Tax Debt. Free Consultation.
TaxDebtRepair.com

Subscribe to

Try our free weekly WhatWorks newsletter, with business how-to advice
& resources from Work.com.

click here to view a sample issue
 Related Resources from Business.com Back to top 
 Recommended Solution Providers Back to top 

A firm that handles estate tax planning for businesses in multiple states.

Leading banker Wachovia's site for small business estate planning.

A national speaker and attorney that specializes in estate tax & family business planning.

A national legal firm that handles estate planning for personal and business clientele.


 Best Sites to Learn MoreBack to top 

This site was created by a team that provides "do-it-yourself" legal advice for small businesses and personal use.

The IRS site for business gives information on estate taxes. In addition, there are links here to FAQs, forms and related topics.

Guide to choosing an estate plan and valuing your business.

A site for legal professionals this site is a good directory to a variety of subject matters and links pertaining to estate planning.

This site is an informational page of issues and links relating to the appeal of the "death tax". It is primarily targeted and small business, particularly family businesses.

The estate tax page of an online legal advice service ran by prominent attorneys. This firm is not geographic-specific and the site has many links to other resources.

A lobbyist site that discusses estate taxes, and also has a wealth of links and resources on the topic.


  Best Blogs and Forums Back to top 

This site has general information on estate planning and administration from an attorney based in Chicago.

Part of a law professors network, this blog has a significant amount of material on estate planning.

This site is kept by a Baltimore attorney whose favorite topic is the estate tax.


  CommentsBack to top 

Loading Comments...


Add Your Comments


Email Guide to Creating an Estate Plan for Your Business to a friend
Save the Guide to Creating an Estate Plan for Your Business to My Work.com Favorites
Print the Guide to Creating an Estate Plan for Your Business
link to this page
Save to del.icio.us
digg it!


Is any content on this page inappropriate? To let us know, please click here.

Ads by Google







© 2008 Work.com, Inc. All Rights Reserved. Work.com is a property of Business.com.
Help | About Us | Site Map | Terms of Use | Privacy Policy | Community Policy | Community Blog | Advertise on Work.com | Contact Us / Feedback | Work.com Feed