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Modern Estate Planning Blog

Elder Law & Special Needs Planning

Business Planning Lawyers in Sacramento Recommend Estate Planning

February 6, 2014

A small business is a part of your identity, not to mention your livelihood. Business planning lawyers in Sacramento look to protect both aspects of this should you die or become incapacitated. Advanced planning is one of the smartest things that you can do to ensure that your small business meets the goals you have for it, whether you are at the helm or not.

  • Make sure that your wishes are followed
  • Ease transition for the company
  • Protect the business from being dismantled
  • Save considerable money

When you think of your estate, you would probably include your home, your personal assets, and your bank accounts. But your small business is also considered as part of your estate, even though you likely don’t want it to be treated the same way as the other property already mentioned. There are a lot of decisions to be made, and a business planning lawyer is the perfect person to consult.

There are several things you’ll want to consider, and a Sacramento business planning attorney can help you draw up documents that are legal and binding according to state laws.  For example:

  • Do you want the business to keep running after you pass away?
  • If so, who should be in charge?
  • What happens to your shares in a business?
  • Do partners need to buy your family out of the business or does ownership transfer to one of these parties?

You will also want to have your lawyer explain the various tax implications that come along with your different options. It’s not unusual for a small business to implode after an owner’s death, not because there was no one to take over, but because the estate taxes just take so much that there’s not enough left to continue operations.

Advanced planning for your business can help avoid this type of huge tax burden. Specific sections of the tax codes have been designed to assist with the transition of businesses by limiting the taxes on heirs’ stock or to pay estate taxes over the course of 15 years. These two seemingly small things can make the difference between keeping the doors open or shutting down.

To get the most out of the tax codes that have been put into effect for folks like you, there is nothing quite as helpful as meeting with a qualified business planning lawyer in Sacramento. To schedule a free consultation, give our Fair Oaks office a call at (916) 241-9661 and mention this article.

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CLIENT Story

My wife, Sue and I really appreciate the concern and care Heather took in doing our estate planning. It has given us peace of mind. Heather keeps us informed of the latest changes in the laws that we might want to consider. We highly recommend her and the Chubb Law Firm.
Ray

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