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Business Succession Management - Estate Distribution

Every business owner must notice that estate planning objectives aren't the same as lifetime objectives

. Death can come unexpectedly so plan properly for the future today.

In planning an estate, there are five main objectives :

1. The need to provide economic security for the family

2. Preventing the business from becoming a burden to the surviving spouse


3. The fair distribution of the estate to the children

4. The avoidance of giving of too much to the kids too soon

5. The minimization of the estate taxes

Taxes, wills, trusts, curators, executors, for example. Are all crucial to consider when it comes to estate planning, but there are soft issues that have to be planned for too. As an example, the entrepreneur wishes to make sure the work ethic of his youngsters won't reduce because they have inherited wealth. There are ways to prevent this from happening. Specifically, maintain open communication with your kids. Let them know what you're expecting from them once they receive their inheritance. Teach your children to be charitable. Teach your spouse the way to be a widow or widower. Make sure that your folks knows what it has to about your business and other assets.

Be prepared. Review all executed estate planning documents on a regular basis. If you have special wishes for certain employees, make sure that they're documented and communicated to your family. Write your special thoughts down to friends in order that they may read these thoughts after you die. Manage your business in an orderly fashion to avoid nonessential legal costs upon your death. When you select your estate planning lawyer, choose the correct one. You need the attorney to be well informed, but also competent at conversing with your family when you are no longer here.


Another first concern is to counsel with your consultants concerning how your folks will receive income on your death. Obviously, your spouse cannot just walk into the office and ask your bookkeeper for a check. Decide now what you need to have happen to your business on your death. If the business be retained, sold or liquidated? Who's going to help your family in carrying out your wishes?

about kids, if your intention is to have them succeed you at the business upon your death ; ensure that your estate plan reflects this. When it comes to youngsters, our mantra is you have to be fair ; you don't need to be equal. As a case in point, if you have a kid with who is working diligently to help grow the business now, that kid should have the first shot at running it after death. This child should not have to take on uninvolved brothers as partners. In reality this is a recipe for disaster. Also, you do not have to equalize the kids not concerned in your business with other assets. They should get assets besides the business, but they do not have to equal the value of the business. Often the child invested in the operations of the business has - over time - contributed to building the business. distribute assets fairly. Remember that your most important concern as a parent is that your youngsters continue to have Thanksgiving dinner together when you are no longer here.

Another challenge : frequently parents leave possession to youngsters who are not actively concerned in the business. There is no way that active and inactive brothers are going to have the same agendas. In another common scenario, we see folks leave the business to the active youngsters and the estate where the business is located to inactive children. This is also a real mistake. When the con icts necessarily arise between brothers, watch how snappy the active youngsters move the business location when the possibility presents itself. Without a proper estate plan, estate taxes could force the business you have spent a life-time building into liquidation with your survivors making a guess about how you wanted your assets distributed. By creating an estate plan now, you control how things will be after you are gone. In doing so , you protect what you have worked so diligently to make. Sit down as quickly as possible with a good tax solicitor and begin the process!

by: Irving Katz
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Business Succession Management - Estate Distribution Anaheim