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​​​What Will Be Your Legacy?

Create peace of mind with a plan that secures your legacy, preserves hard earned assets and passes them on to the ones you love.

If you have your own business, you may wish to keep the business within your family or sell it, before or after you pass away. Regardless of which option you choose, careful planning will ensure the business can stay up and running and be protected from large, unexpected tax liabilities. At a minimum, a business succession plan should address the systematic transfer of the management and ownership of a business.

Management Succession Planning:
Development, training, and support of successors.
Delegation of responsibility and authority to successors.
Outside directors/advisors to bring objectivity to the process (when necessary).
Maximizing retention of key employees through equitable compensation planning for management, family/non-family employees, and active/inactive shareholders.

Ownership Succession Planning:
Coordination between who will own the business and who will manage the business.
Consideration of the best interests of the business and the owner’s family.
Timing of a transfer of the business during your lifetime. This may provide you with the opportunity to consult with the successor(s), and generally reduces the risk of a discounted sale of the business.

Steps To Minimize Taxes & Avoid Probate:
The gap between what your business is worth while you plan your estate and what it is worth when you pass away, as well as other liquidity problems, may be managed by creating an
(ILIT) Irrevocable Life Insurance Trust. If the ILIT is structured correctly, the benefits paid from the underlying insurance policy do not pass through probate and are available immediately, providing cash for estate taxes and other needs.

You may be able to transfer your business assets to your children and retain a source of income for yourself by establishing a
Grantor Retained Annuity Trust (GRAT) or Grantor Retained Unitrust (GRUT). If the assets grow over the terms of the trust, the appreciation will not be subject to estate taxes, so these trusts can be effective tools for passing on a rapidly growing business.

To achieve the estate tax benefits of this type of trust, the trust must be structured precisely and you must outlive the terms of the trust. You may mitigate this risk by structuring an ILIT for wealth replacement to help offset the potential tax liability that would occur if you die before the trust expires.

Another approach is the 
family limited partnership or a family limited liability company. For example, you can form a limited partnership to hold the business assets. Some of the limited partnership units can be transferred to your successors, potentially eliminating the units from your taxable estate. Because limited partnership interests do not carry control of the partnership, the value of the transferred assets may be discounted for gift tax purposes. As with GRATs and GRUTs, family limited partnerships are subject to complex rules and it is advisable to consult with experienced tax and estate planning professionals.


Leaving Business To Co-owners
If your business has one or more co-owners, you might consider establishing an agreement that upon the death of any owner, their interest is automatically purchased by the other owner(s). Known as a 
buy-sell agreement, this arrangement can ensure that beneficiaries of the deceased owner (including spouses or other family members) don’t unintentionally become owners. Life insurance can be purchased or an irrevocable life insurance trust (ILIT) can be established to cover these buy-sell agreements and provide necessary liquidity.

Business Succession

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Estate Planning Questions and Answers

Amenta Law Firm

​​​Amenta Law Firm

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An Estate Planning & Elder Law Practice

Phone: 443.677.2364​​

Email: sdamenta@amentalaw.com