Category: Business Succession Planning

Issues Family Business Owners Should Plan for in 2025

Issues Family Business Owners Should Plan for in 2025

Running a family business means balancing personal relationships with long-term goals, all while adapting to changing economic and legal landscapes. There are some issues family business owners should plan for in 2025, including reassessing their succession plans, tax strategies and internal structures to maintain a strong and future-ready operation.

2025 brings fresh challenges—from potential tax law shifts to generational transitions and evolving workforce expectations. Without careful planning, even a thriving family business can stumble. That’s why addressing these key issues now can prevent costly problems later.

Preparing for Business Ownership Transitions

One of the most pressing issues for family businesses is succession planning. As the founding generation retires, many companies face uncertainty about who will take over leadership. Some family members may not be interested in the business, while others may lack experience.

To avoid conflict or operational gaps, business owners should create a written succession plan. This plan should identify future leaders, outline roles and responsibilities and include a timeline for the transition. It should also include mentorship and training periods to ensure that the next generation is fully prepared.

For those without a family successor, alternative options such as selling the business, bringing in outside management, or transitioning to employee ownership should be explored. These decisions take time to implement and benefit from legal guidance.

Navigating Tax Planning and Valuation

Tax planning remains an ongoing concern, particularly as family businesses look to transfer ownership or restructure in response to upcoming changes in the tax code. A major consideration for 2025 is the scheduled sunset of provisions under the Tax Cuts and Jobs Act, which may significantly lower the lifetime estate and gift tax exemption.

If those changes occur, the ability to pass on ownership or make large gifts to family members could become more costly. Business owners should assess whether to accelerate transfers now, while current exemptions are still in place.

An accurate business valuation is essential when making these decisions. Valuation impacts everything from estate planning to buy-sell agreements and tax reporting. A qualified valuation professional can help ensure that the business is appraised fairly and that transfers are structured to minimize tax burdens.

Managing Family Dynamics

Even the strongest family businesses can suffer from unresolved personal tensions. Disagreements over roles, compensation, or long-term vision can stall growth or lead to litigation. Establishing clear governance structures—such as regular board meetings, family councils, or shareholder agreements—helps create transparency and shared expectations.

Implementing formal communication and conflict-resolution processes also strengthens trust and ensures that decisions are based on business needs rather than personal emotions. These systems can be especially helpful when younger generations begin taking more active roles.

Adapting to a Changing Workforce

The modern workforce continues to evolve. Family businesses must adapt to new employee expectations around flexibility, remote work and corporate culture. Those who embrace change can attract top talent and position themselves for innovation and growth.

Creating competitive compensation packages and offering professional development opportunities can help family businesses remain competitive with larger corporations. Technology adoption and digital infrastructure updates are also important as customers and employees increasingly expect seamless digital experiences.

Work with a Business Law Attorney to Strategize Structures and Asset Protection

Issues family business owners should plan for in 2025 include outdated legal structures that no longer accurately reflect their current size, scope, or risk exposure. Reviewing partnership agreements, operating agreements and shareholder documents ensures that the business is protected from internal disputes or external threats.

Asset protection strategies—such as trusts or holding companies—may be appropriate to safeguard family wealth and minimize liability. A business law attorney can evaluate current documents, identify weaknesses and recommend updates based on recent legal developments. If you would like to learn more about planning challenges business owners face, please visit our previous posts.

Reference: The National Law Review (March 13, 2025) “The Big Six Items Family Offices Need to Consider in 2025”

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Protecting Your Business with Life Insurance

Protecting Your Business with Life Insurance

For small business owners, a sudden death or disability can put a company at risk, leaving partners, employees and family members struggling to manage operations. Protecting your business with life insurance is critical. It serves as a financial safety net, helping businesses cover debts, maintain cash flow and ensure a smooth ownership transition in case of an owner’s passing.

Why Life Insurance Is Essential for Business Owners

Unlike traditional employees, business owners do not have employer-provided life insurance benefits. Without a plan in place, unexpected loss can lead to:

  • Financial strain on surviving family members who may inherit business debt
  • Difficulties in succession planning, leaving employees and partners uncertain
  • A forced sale of the business to cover liabilities or taxes

Owners can protect their assets, partners and loved ones by incorporating business-focused life insurance policies.

Types of Life Insurance for Business Owners

1. Key Person Life Insurance

A key person insurance policy covers the loss of an essential employee or owner whose expertise, leadership, or financial contributions are critical to business success.

  • The business owns and pays for the policy
  • If the insured person dies, the company receives the payout
  • Funds can be used to cover lost revenue, hire a replacement, or settle business debts

This policy is essential for small businesses where one person drives most of the revenue.

2. Buy-Sell Agreement with Life Insurance

A buy-sell agreement funded by life insurance ensures a smooth ownership transition if one partner dies or becomes disabled.

  • Each partner owns a policy on the other’s life
  • If a partner passes away, the surviving owner(s) receive funds to buy the deceased’s share
  • Prevents the business from falling into legal or financial limbo

This arrangement provides stability for the company and fair compensation for heirs without forcing them into business operations.

3. Term vs. Permanent Life Insurance for Business Owners

  • Term Life Insurance: Provides coverage for a set period (e.g., 10, 20, or 30 years) and is affordable. Ideal for covering temporary business loans and obligations.
  • Permanent Life Insurance: Offers lifetime coverage with a cash value component. It can fund succession plans or provide liquidity for estate taxes.

Business owners should assess their specific needs to determine the right coverage type.

How Life Insurance Helps Business Continuity

1. Covering Business Debts and Loans

Many small business owners take on significant personal debt to grow their companies. If an owner dies, these debts do not disappear. Life insurance can help:

  • Pay off outstanding business loans and protect assets
  • Prevent creditors from claiming company property
  • Ensure that surviving family members are not burdened with financial obligations

2. Providing Financial Stability for Employees and Partners

A business without a contingency plan can quickly lose employees and clients. Life insurance provides:

  • Cash flow to continue payroll and operations
  • Stability to retain key employees during the transition
  • Security to keep the business running smoothly

This protection reassures employees and investors that the company can survive unexpected losses.

3. Estate Planning and Tax Benefits

For business owners with significant assets, life insurance can help cover estate taxes, preventing the need to sell off parts of the business. Benefits include:

  • Liquidity to pay taxes without affecting operations
  • Tax advantages when structured correctly under estate planning laws
  • Smooth transfer of ownership without financial strain on heirs

Proper planning ensures that a business remains an asset for future generations.

Secure Your Business’s Future with Smart Planning

Life insurance is a critical tool for protecting small businesses, ensuring that owners, employees and family members are financially secure in the event of the unexpected. If you would like to learn more about life insurance and estate planning, please visit our previous posts. 

Reference: Thrivent (Nov. 2, 2022) “How Life Insurance Can Help Protect Your Small Business”

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Estate Planning Can Bridge the Gap Between Generational Wealth

Building wealth is only half the battle—ensuring that it lasts for future generations requires careful estate planning and strategic wealth management. Many families fail to implement a structured plan, leading to lost assets, unnecessary taxes and family disputes. Without the proper legal and financial strategies, even substantial inheritances can be squandered within a generation. Estate planning can bridge the gap between generational wealth; ensuring that wealth is protected, distributed according to the family’s wishes, and sustained for years to come.

Why Generational Wealth Often Fails to Last

Studies show that 70% of wealthy families lose their wealth by the second generation and 90% by the third. The primary causes include:

  • Lack of financial literacy – Heirs often receive wealth without a plan for responsible management.
  • Estate tax burdens – Without proper planning, substantial portions of an estate may be lost to federal and state taxes.
  • Legal disputes – Poorly structured wills and trusts often lead to costly inheritance battles.
  • Failure to adapt to changing financial laws – Inheritance laws, tax regulations and trust structures evolve over time.

Estate planning provides legal structures and safeguards to prevent these issues and ensure that family wealth remains intact.

How Estate Planning Protects Generational Wealth

Structuring Trusts for Long-Term Asset Protection:

Trusts are among the most effective tools for protecting wealth and ensuring that assets are passed down responsibly. Unlike a will, which simply distributes assets, trusts provide ongoing management and protection.

Common trust structures include:

  • Revocable Living Trusts – Allow individuals to control assets during their lifetime, while avoiding probate upon death.
  • Irrevocable Trusts – Provide stronger asset protection and tax advantages by permanently removing assets from the grantor’s estate.
  • Generation-Skipping Trusts (GSTs) – Allow assets to bypass one generation, reducing estate tax liability for grandchildren.

Trusts also allow customized inheritance distribution, such as delayed payouts, financial milestones, or incentives for responsible wealth management.

Minimizing Estate Taxes and Legal Fees:

High-net-worth individuals face significant estate tax challenges if wealth is not structured correctly. An estate planning attorney helps reduce tax exposure through:

  • Gifting strategies – Annual tax-free gifts to heirs reduce taxable estate size.
  • Charitable giving – Donating assets through charitable remainder trusts or donor-advised funds offers tax deductions while benefiting causes.
  • Family Limited Partnerships (FLPs) – These allow wealth to be transferred gradually, minimizing tax burdens.

Without tax planning, heirs may be forced to sell assets or businesses to cover tax liabilities.

Preventing Family Disputes Over Inheritance:

Even well-meaning families can experience conflict over wealth distribution. An estate planning attorney helps prevent disputes by:

  • Creating straightforward wills and trust agreements that specify asset distribution.
  • Including business succession plans to ensure seamless leadership transitions in family businesses.
  • Establishing conflict resolution mechanisms like mediation clauses to settle disputes outside of court.

A structured estate plan ensures that inheritance disagreements do not escalate into costly legal battles.

Teaching Financial Responsibility to Heirs:

Wealth transfer is more effective when heirs understand how to manage their inheritance. Estate planning attorneys work with families to:

  • Educate younger generations on financial management and investment strategies.
  • Introduce heirs to financial advisors who can help them navigate wealth preservation.
  • Incorporate inheritance incentives that promote responsible spending and investment.

Without financial education, even a well-structured estate plan can fail to maintain generational wealth.

Estate Planning for Business Owners

Family businesses require careful succession planning to ensure stability after the founder’s passing. An estate planning attorney helps:

  • Identify and prepare successors for leadership transitions.
  • Establish buy-sell agreements to ensure smooth ownership transfers.
  • Structure ownership in trusts or LLCs to provide financial protection.

Companies often struggle to survive past the first generation without a business succession plan.

Secure Your Family’s Financial Legacy

Estate planning can bridge the gap between generational wealth.  It will give you the confidence that your assets are preserved, managed wisely and passed down without unnecessary financial losses.  if you would like to learn more about managing generational wealth, please visit our previous posts. 

References: J.P. Morgan (Nov. 18, 2024) We Need to Talk: Communicating Your Estate Plan With Your Family” and Business Insider (Feb. 9, 2025) Inside the Retreat for Billionaire Heirs Trying to Give Away Their Money

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Key Estate Planning Strategies for Executives

Key Estate Planning Strategies for Executives

Executives manage complex financial landscapes while striving for professional success, creating unique estate planning goals and challenges. Central Trust Company shared insights in the article “Estate Planning For Executives,” which focused on liquidity concerns, tax efficiency and beneficiaries for certain assets. This article explores key estate planning strategies for executive’s unique goals.

Executives often face liquidity challenges and may have a significant portion of their wealth tied up in company stock. Diversifying investments and implementing strategies to manage concentrated stock positions are critical to mitigate risk and enhance financial security.

Navigating tax-efficient giving strategies is essential for executives looking to give back to their communities or support charitable causes. Estate planning considerations, including lifetime gifts and the transfer of vested stock options, play a crucial role in preserving wealth and minimizing tax liabilities.

Transitioning from a successful career to retirement can be exciting and daunting for executives. Planning for retirement involves forecasting complex benefits, managing investment portfolios and ensuring a smooth transition from the accumulation phase to the distribution phase of their financial life.

Comprehensive estate planning for executives includes strategies that address their income tax bracket, estate tax rates and various types of investments. Strategies such as wills, trusts, powers of attorney (POAs) and advance directives are central to protecting an executive’s assets and support building wealth.

A knowledgeable and experienced estate planning attorney is central to a holistic plan that meets an executive’s goals, including:

  • Reducing taxes and taxable estate values.
  • Transferring stock options and other nuanced investments to heirs.
  • Preserving or building their wealth.

Key Estate Planning Strategies For Executives:

  • Address Unique Challenges: Consider liquidity, stock options, estate taxes and beneficiaries.
  • Maximize Tax-Efficiency: Explore tax-efficient strategies to preserve wealth.
  • Build a Comprehensive Plan: Include wills, trusts, and POAs to address diverse financial needs and goals.
  • Define Personal Objectives: Define personal philosophies and objectives to create a comprehensive plan that aligns with your vision for the future.

Given the complexities of their careers and wealth management needs, executives face unique financial and estate planning challenges. Addressing key concerns and defining personal objectives helps executives secure a financial future for themselves and their families. If you would like to learn more about estate planning for wealthy couples and families, please visit our previous posts. 

Reference:  Central Trust Company (July 19, 2023) “Estate Planning For Executives”

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Explore the Intricacies of Business Trusts

Explore the Intricacies of Business Trusts

Entrepreneurs often seek robust mechanisms to safeguard assets and navigate liability in the intricate landscape of business ownership. Enter the realm of business trusts—a lesser-known yet powerful tool entrepreneurs can leverage to secure their ventures. Based on SmartAsset’s article, What Is a Business Trust and How Does It Work, we’ll explore the intricacies of business trusts, uncovering their nuances and exploring their potential advantages and drawbacks.

At the heart of business trusts lies a fundamental premise: the delegation of authority to manage a beneficiary stake in a business. Functionally akin to individual or family trusts, business trusts serve as legal instruments facilitating asset management on behalf of the grantor.

A business trust holds the rights to an individual’s stake in a business entity. In a sense, the trust, as a legal entity, owns the business. With the potential to shield against taxes and liability, business trusts offer a compelling avenue for entrepreneurs seeking robust asset protection.

Creating a business trust typically starts with deliberations between involved parties and a trust lawyer. This legal instrument, a declaration of trust, formalizes the terms governing the trust’s operation.

Central to the trust’s dynamics is the fiduciary duty entrusted to the trustee—the individual responsible for managing the trust’s assets in the best interests of beneficiaries. This fiduciary obligation underscores the trustee’s paramount responsibility to act prudently and diligently.

Just as individual trusts come in various forms, business trusts exhibit diversity in structure and function. Here’s a breakdown of the primary categories:

  • Grantor Trust Characterized by the grantor’s control over trust assets and taxation, this trust type offers a self-contained framework for asset management.
  • Simple Trust Operating under IRS verification, this trust directly distributes profits to beneficiaries without accessing principal assets.
  • Complex Trust Offering greater flexibility, this trust type permits partial distribution of profits and contributions to external entities, such as charities.

While business trusts present enticing benefits—from liability protection to enhanced privacy—they pose certain challenges. Here’s a snapshot of the pros and cons:

Pros:

  • Liability Protection: Shields beneficiaries from individual liability, akin to LLCs or corporations.
  • Privacy Enhancement: Offers an additional layer of privacy in asset management.
  • Flexible Distribution Terms: Facilitates tailored distribution schedules for beneficiaries.

Cons:

  • Cost and Complexity: Establishing and maintaining a business trust can be expensive and legally intricate.
  • Legal Compliance Challenges: Navigating legal requirements and compliance hurdles can pose significant obstacles.
  • Lifetime Limitations: Business trusts are typically constrained by a maximum lifespan of 99 years, limiting multi-generational arrangements.

If you’re considering a business trust, the journey begins with competent legal guidance. Collaborate with a trust lawyer to navigate the intricacies of trust creation and ensure alignment with your business goals and objectives.

While establishing a business trust entails upfront costs and legal complexities, the potential benefits of asset protection and operational flexibility can be substantial. Before proceeding, it’s crucial to weigh the key considerations and assess the suitability of a business trust for your unique circumstances.

Business Trusts Key Takeaways:

  • Early Consultation is Key: Engage with a trust lawyer early in the process to navigate legal complexities and ensure alignment with your business objectives.
  • Deliberate Consideration is Essential: Thoroughly assess the pros and cons of a business trust, weighing factors such as cost, complexity, and compliance.
  • Tailored Solutions Yield Optimal Results: Customize your business trust to align with your unique needs, leveraging its flexibility to achieve optimal asset protection and operational efficiency.

If you are ready to explore the intricacies of business trusts, schedule a consultation with a seasoned estate planning attorney today. If you would like to learn more about business trusts, please visit our previous posts. 

Reference: SmartAsset (April 19, 2023) “What Is a Business Trust and How Does It Work”

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Estate Planning should be a Major Consideration for Small Business Owners

Estate Planning should be a Major Consideration for Small Business Owners

Estate planning should be a major consideration for successful small business owners, especially if they intend to build generational wealth and create a legacy. The title of a recent article from Business Insider says it all: “You might not want to think about estate planning, but as a financial planner, I know it’s essential for small-business owners.”

There are more complex issues for business owners than employees for estate planning. Therefore, be sure to work with an experienced estate planning attorney who will create a plan to protect you, your family and your business. As you go through the process, keep these basics in mind:

Last Will and Testament. This document is the foundation of an estate plan, providing directions to the state probate court regarding your wishes for distributing assets. It also names a guardian responsible for minor children upon your passing. If you don’t have a will, assets are distributed according to your state’s intestacy laws, typically based on kinship. You can update and change your will throughout your lifetime, and it should be reviewed every three to five years.

Revocable Living Trust. Having a revocable living trust gives you more control over assets, which could be necessary to distribute business assets. A revocable living trust can be altered while you are living, so changes in your business can be reflected in the directions in the trust.

Financial Power of Attorney. This document is critical if you are the business owner who performs most of the financial tasks of your business. When a business owner becomes incapacitated, having someone named Power of Attorney gives the POA the ability to pay bills, make bank deposits and withdrawals, file business and personal taxes and make any other financial decisions you wish. POA can be limited if you only want someone to pay bills, or they can be broad, allowing the agent to do anything you would do to keep the business running while you are incapacitated. Your estate planning attorney can craft a POA to suit your needs.Benefi

Business Succession Plan. A business succession plan should be in place as soon as your business gains traction and becomes successful. Distributing shares of the business after you pass is fine. However, what if your heirs don’t have a clue how the business works? Do you want them to sell it after you pass or maintain it for the next generation? A succession plan requires the help of an estate planning attorney, CPA and financial professionals to create a management team, define roles, set performance guidelines, etc.

Digital Estate Plan. We spend so much time online. However, few have plans for our digital assets. If your business is online, has a website, and uses social media, online finances, and cell phones, you need a digital estate plan to identify assets and provide instructions on what you want to be done with those assets after you have passed.

Review Beneficiary Designations. Any account that can name a beneficiary, such as retirement plans, investment accounts, or life insurance policies, must be reviewed every few years or whenever a trigger event, including birth, death, divorce, or remarriage. Upon your passing, these assets will be passed directly to the beneficiary. Be sure the person you named twenty years ago on your life insurance policy is still the right person to receive proceeds upon your passing.

Estate planning should be a major consideration for successful small business owners. An experienced estate planning attorney can review your current estate plan to ensure that it covers all bases for you and your business. If you would like to learn more about planning for business owners, please visit our previous posts.

Reference: Business Insider (March 22, 2024) “You might not want to think about estate planning, but as a financial planner, I know it’s essential for small-business owners”

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Business Owners needs Succession Planning

Business Owners needs Succession Planning

Business owners typically have a high percentage of their net worth tied up in the business and sometimes the real estate where it operates. What’s surprising is how little attention is often given to the succession plan. Business owners need succession planning, says an article from Accounting Today, “The two sides to succession plans for private businesses.”

Starting with the operational side, who will take over the business owner’s work when they die, become incapacitated, or retire? If a business founder is in the weeds of the business, this is a big issue. The owner must have extensive conversations with key employees to discuss the details.

Multigenerational family ownership isn’t always the cure for a succession plan. Second- or third-generational roles must be planned, so capable people fill them. Bloodline succession doesn’t always work for running a business.

These conversations regarding roles, compensation and equity incentives must be very detailed. Not all employee leaders are willing to pour their lives into a privately owned business for the benefit of heirs without an incentive plan.

On the financial side of succession, who will become the owners of the deceased’s shares, and what financial arrangements will be made for that transfer? Businesses with the least amount of animosity and grief are those who have done the hard work: they have the business evaluated by an outside professional and having clear plans for how the successor owners will own and operate the business.

How will the transfer of the business take place in the future? An estate planning attorney should work with the business’ accountants, financial advisors, insurance brokers and other professionals to develop a clear plan for the business and the family.

If the owner is contemplating retirement, will they count on the income from the business operations to fund their retirement, or will they sell their shares to family members or outsiders? Who will oversee this transfer if the business owner becomes incapacitated?

Business owners needs succession planning for a privately held business. It is a lengthy process requiring input from skilled professionals, and ideally, it should begin the moment the business is well-established. There’s always time to tweak an existing plan, but never time to plan in an emergency. If you would like to learn more about business succession planning, please visit our previous posts. 

Reference: Accounting Today (Feb. 13, 2024) “The two sides to succession plans for private businesses”

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LLCs can be a useful Tool in your Estate Planning

LLCs can be a useful Tool in your Estate Planning

LLCs can be a useful tool in your estate planning. Limited liability companies, or LLCs, are used in estate planning to achieve estate tax savings and consolidate asset management, according to a recent article, “Estate Planning With Limited Liability Companies: Transfers of Business Interests as a Planning Opportunity,” from The National Law Review.

In many cases, the LLC is used as a business entity to facilitate gifting or transfers to children, often at discounted values, reducing the value of the donor’s assets, ultimately subject to gift and estate taxation. There are also non-tax benefits, as a properly structured LLC insulates owners from liability and provides an organizational control mechanism.

As a “manager-managed” entity, the management functions and authority over the LLC rests in designated or elected managers, as opposed to owners, also known as “members.” Separating management from ownership transfers some of the asset’s economic benefits, while retaining control over operations. Limiting managerial or voting rights also justifies using valuation discounts for the membership interests who lack control over the company, presenting a tax-planning opportunity.

An LLC offers several benefits:

  • A streamlined method of transferring ownership
  • Creating a structure for centralized management, control, and succession
  • Preserving family ownership through rights of purchase and first refusal
  • Establishing procedures to resolve internal family disputes
  • Gaining protection of LLC assets from claims asserted against owners
  • Gaining protection of owner assets from claims asserted against the LLC

Significant tax savings can be achieved through lifetime gifts of LLC interests because of valuation discounting and removing future appreciation from the donor’s estate. In addition, if transfers are made to trusts for the children, it may be possible to achieve even further benefits, including increased protection against lawsuits, dissolving marriages, and future estate taxes.

These are complex transactions requiring the knowledge of an experienced estate planning attorney and careful vetting by tax advisors. One downside to lifetime gifting: unlike assets passing as part of an estate, gifted assets do not receive a basis adjustment for income tax purposes at the time of the donor’s death. Another downside is that the donor generally cannot benefit economically from the assets after they are transferred. However, if the donor is concerned about divesting themselves of the transferred assets and the income, the transfer could be structured as a sale rather than a gift to provide increased cash flow back to the transferor.

A final note: if the LLC is not operated consistently with the entity’s non-tax business purposes, it may be vulnerable to attack by the IRS or third parties, undermining its benefits for estate tax planning and limited liability protection. The entity must be managed to support its valid business purpose as a legitimate enterprise. Remember, LLCs can be a useful tool for your estate planning, but only if it is properly created and maintained. If you would like to learn more about LLCs and business planning, please visit our previous posts. 

Reference: The National Law Review (May 19, 2023) “Estate Planning With Limited Liability Companies: Transfers of Business Interests as a Planning Opportunity”

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Ideas to improve Business Succession Planning

Ideas to improve Business Succession Planning

Winter is a slower season for farmers and ranchers. It offers family business leaders time to plan for the future. A recent article from Progressive Farmer, “Family Business Matters: Eight Practical Succession Ideas,” lists ideas to improve business succession and estate planning efforts.

Update balance sheets. Families who own land passed through generations don’t always like to show the land at its current fair market value. Even if you intend to never sell the land, creating an estate plan requires an accurate valuation of all assets to minimize the consequences of estate and income taxes.

Chart ownership for the future. Family members often have no understanding of how they will achieve ownership of the business and its assets. Will it be a gift? Will there be taxes to pay? Or will it be a sale? Will they need to buy out non-farming family members? Without clear answers to these and related questions, people may find themselves operating on assumptions, which almost always leads to conflict or family fractures.

Start handing off management tasks sooner, not later. Plan for the transition by starting with discrete business functions. This could be as straightforward as making decisions about equipment, purchasing crop insurance, or enrolling in a Farm Service Agency. This gives the senior generation the ability to delegate and observe, while empowering and more fully engaging the next generation.

Refresh estate planning documents. People often neglect to update estate documents. Review wills, trusts, trustees, beneficiary designations, advance medical directives and power of attorney documents. Are the people named in various roles still appropriate? Does your estate still work, in light of changing tax laws? This should happen at least every three to five years.

Assess tax consequences of exiting the business. Part of retirement funding is the tax liability of leaving the family business. Deferred income, prepaid expenses and fully depreciated equipment can lead to significant tax exposure. Three to five years ahead of your departure, start mapping out a plan with your accountant, estate planning attorney and financial advisor.

Create a relationship between family members and landowners. If you rent property from an absentee landowner, those relationships will be vital to continuing the business. You may not be able to influence the landowner at the time of transition to the next generation. However, establishing relationships with family members who will take over for you can reduce friction.

Communicate the benefits family members will get from working together to maintain the business. Passing land from one generation to the next often means siblings or cousins become business partners, with undivided interests in the land or as shareholders or members of some legal entity. Family members who may not get along will benefit from having a “buy-sell agreement” in place. This spells out how partners can buy out each other’s interest if one or more family members want to sell. Talk with your estate planning attorney to establish an agreement in advance of anyone leaving the business to reduce the potential of family conflict.

These are just a few ideas to improve business succession planning. Discuss your goals with your family and your estate planning attorney so a solid plan is in place. If you are interested in reading more about succession planning, please visit our previous posts. 

Reference: Progressive Farmer (Jan. 1, 2023) “Family Business Matters: Eight Practical Succession Ideas”

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The Estate of The Union Season 4|Episode 3

The Estate of The Union Season 2|Episode 5 is out now!

The Estate of The Union Season 2|Episode 5 is out now!

Happy New Year! To kick off the first episode of 2023, host Brad Wiewel, sits down to discuss the Corporate Transparency Act and how it relates to trusts.

There is a Bad Moon Rising (to quote Creedence Clearwater Revival). The bad moon is the Corporate Transparency Act which is going to REQUIRE all LLCs, corporations and Limited Partnerships to register with the federal government! The law becomes effective January 1, 2024.

This podcast focuses on some of the provisions of the new law and the consequences and penalties for failure to comply. It is a MUST LISTEN if you or someone you know or work with has an entity, because this is SERIOUS STUFF!

In the podcast we mention that we have a new service we are providing called Business Shield . It is designed to maintain entities and keep them in compliance with both state, and now federal law. Simply click on Business Shield™ to be taken to the page on our website. Please let us know if you would like to discuss Business Shield™ with us and we’ll be happy to schedule a complimentary phone consultation with one of our attorneys.

In each episode of The Estate of The Union podcast, host and lawyer Brad Wiewel will give valuable insights into the confusing world of estate planning, making an often daunting subject easier to understand. It is Estate Planning Made Simple! The Estate of The Union Season 2|Episode 5 is out now! The episode can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. If you would prefer to watch the video version, please visit our YouTube page. Please click on the link below to listen to the new installment of The Estate of The Union podcast. We hope you enjoy it.

The Estate of The Union Season 2|Episode 4 – How To Give Yourself a Charitable Gift is out now!

 

Texas Trust Law focuses its practice exclusively in the area of wills, probate, estate planning, asset protection, and special needs planning. Brad Wiewel is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. We provide estate planning services, asset protection planning, business planning, and retirement exit strategies.

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Information in our blogs is very general in nature and should not be acted upon without first consulting with an attorney. Please feel free to contact Texas Trust Law to schedule a complimentary consultation.
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