Smart business owners use trusts so their businesses can continue to run in their absence. It's that simple. Yet, many business owners have no estate plan in place to protect their business. A trust can make sure your business doesn't come to a grinding halt without you.
You Could Put Your Business at Risk Without a Trust
One of the biggest issues that people don't understand is that often, money from a business will be used to satisfy the debts of a business owner's private affairs. An improperly planned estate can mean that there are not enough monies to satisfy the personal debts of the business owner. If this happens, the government will look to the business to satisfy the debts.
The business will either have to pay or assume the debt. Either situation can leave a business trapped. Your business can lose money or worse: The business can be shut down because necessary operating capital is taken to satisfy personal debts.
However, when you create a financial plan for how your business will weather your absence, you can plan for how your business can continue and grow without you.
A properly executed living trust enables your business to keep running without having to go through probate.
You Can Plan for Your Estate's Financial Needs
By planning now with a living trust, you can anticipate any uncertainties and account for them. Look at your personal estate and take the time to examine your personal obligations, including your house, your cars, and your personal debts. Then decide if your family can continue on the current personal monies and savings you have while also taking into account any estate taxes.
If there won't be enough personal assets to cover your obligations, you will want to look into putting more money aside for the satisfaction of those debts. Another option is to look into life insurance. You may want to begin to put money toward life insurance so that the proceeds are used to satisfy the personal debts of the estate.
You Can Often Minimize Taxes and Avoid Pitfalls
With a properly executed living trust, you can minimize taxes and even avoid many of the pitfalls that can ensue when there is no estate plan in place. The place to start in order to assess your tax implications is to get a proper valuation of your company. This assessment will give you a better sense of the tax burden on the estate. Investigate how you can minimize any tax burdens incurred by your own personal investments or the business by creating a trust. With fewer tax burdens, there are fewer debts to satisfy and a better outlook for the continued health of the business.
You Can Create a Succession Plan
You need an estate plan or living trust that provides for some type of succession plan. In other words, you need a system within your business so that each employee understands what he or she must do in your absence. A succession plan creates a clear chain of command for someone to succeed you so that your business can continue to run smoothly without you. Perhaps the trustee you appoint is also someone who can oversee the affairs of the business to ensure things are running smoothly.
You can also use your trust and other documents such as a health care power of attorney to establish a trusted fiduciary to make financial decisions for your business in your absence.
I need to have a trust fund for my mom, is this something your institution can assist me with?
Hi Frances! Thank you for contacting LegalZoom. We can certainly assist in the creation of a Revocable Living Trust to help your mother's assets avoid probate. Give us a call (1-800-773-0888, 6am-7pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/living-trusts/living-trusts-overview.html
Starting up a new business, without any help or support from my married partner, How can i protect my business from my married partner, if they are not part of your business, does not engages in any, and wants to divorce later, with the intention of taking half of everything. Can i gt a trust fund that will protect my business against something like that. Or are there any other way that i can go around that?
Thank you for contacting LegalZoom. While we certainly can help you create a business, we do not offer legal advice as to the best course of action. However, we may be able to help you find an attorney who can assist you through our Business Advantage Pro Plan! Feel free to visit http://www.legalzoom.com/attorneys-lawyers/legal-plans/business.html for more details!
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