Estate Planning for Business Owners
If you own your own business, one question you may have is what will happen to your business after you pass away. For some, a company serves as a real legacy, even if it is a small family owned business, so you want to be certain that succession will occur in accord with your wishes, especially if something were to befall you suddenly. Here are a few things to know based on the type of business you run.
If You Are a Sole Proprietor
If a person owns a business alone and has not incorporated, there is no legal entity that exists apart from the owner. That means that when the owner passes away, the business goes too. It may be possible for assets of the business to be sold and the profits to be distributed to heirs. However, if you want to leave the company to a successor, you will have to draft paperwork in advance.
The Importance of a Partnership Agreement
If you own a business as a part of a partnership, the original partnership agreement should outline what happens if one partner dies. Thus, this may already be taken care of. However, a partnership agreement is legally required, so a person may not have entered into one, especially if the partner is a relative. Drafting an agreement and deciding what happens if one partner passes before the other is a smart idea.
What If the Business Is an LLC or a Corporation
LLCs and corporations have other laws that dictate what will happen if one shareholder or member dies. Therefore, it is important to consult with an estate planning lawyer to determine what happens with your portion of the business.
Estate Planning Attorneys to Help Protect Your Legacy
The estate planning attorneys at Petrov Law Firm would be happy to help you protect your legacy for future generations. Just call 619-344-0360 today to get started.
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