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Estate Planning Blog

Serving Clients Throughout North Central Missouri

family farm planning

Preserving Your Legacy: Estate Planning for Landowners

September 25, 2024

Owning land is more than just an investment; it connects a source of livelihood to a cherished family legacy. As a landowner, planning for the future and ensuring that your property is preserved and passed down to future generations is essential. Based on the Central Trust Company article, “Estate Planning For Landowners,” we explore how estate planning can help landowners safeguard their legacy and ensure continuity for their family farm or ranch.

What are the Key Considerations for Landowners Planning Their Legacy?

Many landowners believe that their property represents more than just acreage. It’s a symbol of family heritage and tradition. Estate planning allows you to preserve this legacy by outlining how your land will be managed and passed down. Making thoughtful decisions about inheritance and land use ensures that your family heritage lasts for years.

If the land is used for ranching for farming, the continuity of farm operations is also essential for the livelihood of family members and the sustainability of the land. Special considerations regarding livestock, equipment and other expensive assets are required to prevent unintended consequences.

While many landowners choose to pass on ownership through beneficiary designations, such as Payable on Death (POD) or beneficiary deeds or even adding family members as joint owners, the property can become exposed to creditors and liabilities through these methods.  In contrast, comprehensive estate planning guards the land from harmful actors and enables you to address critical issues, such as disability or death of the principal owner, ensuring that operations can continue seamlessly, even in unforeseen circumstances. Developing a comprehensive plan can safeguard the future of your family farm or ranch.

What are the Complexities to Address in Landowner Estate Planning?

Given the complexities of estate planning for landowners, it’s crucial to work with a knowledgeable estate planning attorney in your area. An estate planning attorney can help you design a customized plan for your goals and concerns. For example, you can choose strategies that protect portions of your land and provide income from other portions.

Tax considerations play a significant role in landowners’ estate planning. Changes in tax laws can impact the financial implications of transferring property to future generations. An experienced estate planning attorney can help you explore tax-efficient strategies, such as conservation easements, to minimize estate tax burdens and maximize the value of your legacy.

Key Estate Planning For Landowners Takeaways:

  • Protect Family Heritage: Protect your family’s legacy for future generations.
  • Preserve Land Value: Strategize land use for maximum land value.
  • Seek Professional Guidance: Engage an estate planning attorney to develop a comprehensive plan tailored to your needs.

Conclusion

As a landowner, your property is a testament to your family’s heritage and a source of livelihood for future generations. Engage in thoughtful estate planning with our legal team to preserve your legacy and maximize the value of your land for your heirs.

Please visit our website www.MoTrustLaw.com for more information on estate planning for family farms.

Reference: Central Trust Company (Aug. 25, 2022) “Estate Planning For Landowners,”

Retirement Planning

Why Communities Want Small Businesses to Have a Succession Plan in 2024

September 9, 2024

Entrepreneurship inspires new business openings every day. Small business owners may not consider succession planning when starting their new business. However, it is an essential step in any venture. Small businesses become a part of the community and make an impact beyond the owner’s livelihood. They add jobs, contribute to the community’s economic health, and become local fixtures for residents.

Based on Teamshares’ article, “Succession planning statistics in 2024: preserving a legacy,” we’re discussing the looming succession plan dilemma, why it’s essential and what it means for your business. As many small business owners without a succession plan set their sights on retirement in the next two years, those employees and their communities may lose wages and a business they love.

What Is the Small Business Succession Plan Dilemma?

Succession planning is ideally on every small business owner’s checklist, leaving a legacy in a family member’s hands once the owner retires. Owners should have a plan ahead of retirement if they become incapacitated or pass away unexpectedly. Succession planning is elemental for small business owners, much like estate planning is for anyone with assets.

Teamshares’ statistics indicate that over 60% of small business owners will retire between 2024 and 2026. Without a plan for family or someone else to lead the company once they retire, the company will likely close. You might be asking, “Why is that important?”

Why Small Business Planning Is Important for Your Company and Community

Small businesses employ nearly half of America’s workforce and contribute to local economies. With most owners retiring without a succession plan, chances are many of those companies will close across the U.S. in the next two years. Not having a succession plan for retirement or, in case of incapacity, could unwittingly be the catalyst for closing your company.

What Succession Planning Today Means for Your Company

Your company is built on hard work, entrepreneurship, and a dream. Having a successor running your business, if you retire or are unable, passes a legacy to family or someone you trust.

Work with an estate or business planning attorney to create a plan that protects you, any employees, your family’s livelihood, and your community. Like an estate plan, legal documents, such as living trusts, can keep your company open and pass on your legacy.

Establish a living trust, appointing a trustee or co-trustees to handle company operations and run the business. Draft financial and medical powers of attorney, empowering trusted agents to manage bill and invoice payments and bank transactions, employee payroll and oversee your healthcare, if you are mentally or physically impaired.

Small Business Succession Planning Dilemma Key Takeaways:

  • The Dilemma: Many small business owners will retire through 2026 and don’t have a succession plan to keep the business running.
  • Why Succession Planning is Important: Small business owners must create a plan for family or another trusted person to lead the company and continue its legacy.
  • What it Means for Your Business: Succession planning protects your business and legacy by empowering a successor after you retire or if you become incapacitated.

Conclusion

Whether you’re creating an exit strategy, empowering family members to take over, or preserving the company’s livelihood in a crisis, a succession plan protects you, your family and community from your company closing. Losses include income, employee wages and resident patronage. Consider a succession plan to empower a successor who will keep your business running.

Reference: Teamshares (Dec 22, 2023) “Succession planning statistics in 2024: preserving a legacy”

OLoughlin Law Firm-LLC

Business Owners and Estate Planning: Special Concerns

August 30, 2024

Estate planning for business owners offers numerous opportunities for lifetime transfers to move value and future appreciation out of the taxable estate. An article from The National Law Review, “Estate Planning for the Business Owner, Part 1: The Business Owner as a New Client,” explains the information an estate planning attorney needs to know when helping a business owner create a plan addressing their business and personal assets.

First, how is the business structured? Is it a partnership or wholly owned by the founder? If it includes real estate, is the real property owned by the business or a separate entity? If more than one legal entity owns the business and its assets, all of those entities need to be considered when creating an estate plan. Some entities also have restrictions on their ownership, so this may need to be examined.

Are the proper business agreements in place already? This includes shareholder and operating agreements between equity owners. If the business is a corporation, are bylaws, limited liability companies, or partnerships in place? These may impact transfers of equity.

When was the last time a business valuation was performed? Income statements and balance sheets must be reviewed to create an estate plan. The estate planning attorney may benefit from meeting with the accountant.

Understanding the cash flow from the business is an integral part of building an estate plan. Does the business owner take a salary? Are net profits disbursed to equity holders at the end of the year, or are they plowed back into the business?

Is the business a new one, a family business passed down from many generations, or is it nearly time for the owner to retire? The stage of the business and projections for its future will have a major impact on the owner’s estate plan.

Finally, is there a succession plan? If there is one, the estate planning attorney will need to review it to ensure that the estate plan dovetails with the plan for the future. If there is no succession plan, this needs to be addressed.

Reference: The National Law Review (April 18, 2024) “Estate Planning for the Business Owner, Part 1: The Business Owner as a New Client”

Retirement Planning

Why Estate Planning Is Essential for Small Business Owners

May 29, 2024

Estate planning should be a top priority for anyone who has built and grown a successful small business, 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.

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.

An experienced estate planning attorney can review your current estate plan to ensure that it covers all bases for you and your business.

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”

Retirement Planning

Navigating Business Succession: A Comprehensive Approach to Business and Exit Planning

January 26, 2024

As business owners focus on day-to-day operations and growth, the thought of leaving or selling their business often takes a backseat. However, as Frank Fantozzi, a certified exit planning adviser, emphasizes, “for most owners, the business is their largest asset.” This makes succession planning an exit strategy and a crucial part of overall business planning.

The Importance of Early Succession Planning in Business Strategy

Succession planning should be an integral part of a business’s foundation. Delaying this process can lead to complications, especially when unforeseen circumstances like the “5Ds” – death, disability, divorce, disagreement and distress – arise. Early planning ensures that the business remains stable, and its value is maximized, regardless of market conditions.

Core Elements of Business Succession Planning

Strategic Business Planning and Succession

Aligning business goals with a succession plan is vital. This alignment helps identify potential successors early and integrate their development into the business’s growth strategy. As Fantozzi notes, understanding where the business is and where it needs to go is crucial in this process.

Owner Readiness and Transition

Owners must prepare both emotionally and financially for their exit. This preparation involves assessing personal financial needs post-exit and ensuring that the business can meet these needs. Fantozzi points out the importance of understanding one’s cost of living without the business and preparing accordingly.

Business Valuation and Market Readiness

Regular business valuation is key in succession planning. It’s not just about the company’s size but being the best in its class. Fantozzi suggests that achieving ‘Best in Class’ status can significantly impact the value received for the business.

Succession Planning as a Tool for Business Growth and Stability

Effective succession planning is not just about preparing for an exit; it’s a growth strategy. It ensures leadership continuity, maintains business values and can be a selling point to investors and clients seeking stability in their partnerships.

Legal and Financial Considerations in Succession Planning

Succession planning involves various legal and financial considerations. These include the transfer structure, tax implications and ensuring legal compliance. Professional advisors play a crucial role in navigating these complexities.

Challenges and Solutions in Succession Planning

Choosing the right successor, especially in family businesses, can be challenging. Solutions include establishing clear criteria for succession, involving external advisors for unbiased perspectives and considering non-family executives, where appropriate.

Conclusion

Succession planning is a dynamic and ongoing element of business planning. It requires regular review and adjustment as the business and its environment evolve. As Fantozzi concludes, “Your exit strategy connects the dots between business success and a life well lived.” Business owners are encouraged to view succession planning as a vital part of their life cycle, ensuring a legacy that endures and thrives beyond their tenure.

Retirement Planning

How Can I Successfully Transfer My Business to My Children?

October 18, 2023

According to ITR Economics, out of the 77 million Baby Boomers in the U.S., an estimated 12 million are privately held business owners.

As ownership of businesses for those born between 1946-1964 is transferred to the next generation, an estimated $10 trillion worth of business assets is expected to be transferred in the coming years.

AZ Big Media’s recent article, “Passing the torch: Considerations for a successful generational business transfer,” explains the best way to have a successful business transfer.

Develop a Strategic Plan.  A successful generational business transfer takes time and planning. You should begin the planning process way in advance of the change in leadership. This can give a family time to define what the future of the company looks like. Determine what technology, human resources, and capital requirements the company needs to be successful in the short and long term. Ensure that the current and future owner’s visions are communicated. If both visions aren’t in alignment, discuss what the future for the business may look like. Balancing long-standing business practices with new changes can mean a sustainable and successful business. Begin integrating the future leader into day-to-day business operations before transitioning. Establishing a clear transfer of duties and mapping out a timeline can help with a smooth transfer process.

Get Finances in Order. Preparing business finances in advance of a generational transfer is critical. The current business owner may consider setting up a grantor-retained annuity trust for their successor. An experienced estate planning attorney can help to create this trust, which earns annual income for the beneficiary receiving the funds with minimal or no gift tax liability upon expiration. Family members may also consider transferring their business to the successor through an installment sale, which is a sale of property where at least one payment is received after the tax year in which the sale occurs. Note that an installment sale could mean a tax benefit for the seller because the overall tax liability is spread out over time rather than all at once during the business transfer. Once you decide on the preferred financial path to conduct the transfer, look at the company’s cash flow and other financial projections. List the projected expenses, liabilities and potential taxes owed, and then identify sources of liquidity to pay them.

Work With Financial Partners. If not already in place, look to assemble a team of trusted advisors, including a CPA, attorney, banker, and wealth advisor. This team can work through the financial aspects of any generational business transfer.

Transferring a business is a major family event involving potentially tough conversations and decisions. This can be a complex process. However, with proper planning, it also has the potential to be an opportunity to achieve new growth and elevate long-standing family business goals.

Reference: AZ Big Media (June 8, 2023) “Passing the torch: Considerations for a successful generational business transfer”

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