top of page
Writer's pictureKimberly Hegwood

PROBATE AND NON-PROBATE ASSETS—THE DIFFERENCE CAN MEAN A LOT

Updated: May 31



A small business is a part of your identity, not to mention your livelihood. Business planning lawyers 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 Houston business planning lawyer is the perfect person to consult.


There are several things you will want to consider, and your 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 the Houston area. To get started, simply call our office at (281) 218-0880 to schedule a complimentary estate planning strategy session.

1 view0 comments

Comments


bottom of page