Business client sitting with estate planning attorney

How Small Business Owners Can Benefit With an Estate Plan

By David Hood
Partnership Chair

As a small business owner, you’ve poured your heart and soul into building your company, aiming to provide a stable financial future for your family. But without strategic planning, your hard work could be jeopardized. That’s where estate planning steps in. By collaborating with North Carolina estate planning attorneys, you can safeguard your business and personal assets, ensuring they’re distributed according to your wishes.

Let’s dive into the benefits and strategies of estate planning for small business owners to preserve your assets and legacy.

Safeguarding Your Business

Your business is undoubtedly your most significant asset, so having a business succession plan in place is crucial. This plan transfers ownership and control to the next generation or a chosen successor. There are several types of business succession plans, including family succession plans, management succession plans, and employee stock ownership plans (ESOPs).

For co-owned businesses, a buy-sell agreement is essential. It dictates ownership transfer if an owner dies or decides to sell his or her stake, thereby averting disputes and ensuring a smooth transition.

Securing Your Family

Estate planning offers tangible benefits for small business owners when it comes to ensuring their family’s financial future. Trusts and wills are invaluable tools for effectively managing and distributing assets to your loved ones.

Trusts act as legal arrangements where a trustee manages assets on behalf of beneficiaries, adhering to your wishes while minimizing tax liabilities. The North Carolina Uniform Trust Code governs revocable living trusts. 

On the other hand, wills provide a clear roadmap for asset distribution after your passing, appointing guardians for minor children and designating an executor to carry out your directives. 

Together, these estate planning tools form a solid base for protecting your family’s financial well-being.

Reducing Taxes

Naturally, you’d prefer your hard-earned assets to benefit your loved ones rather than the government. Estate planning can help achieve this goal through strategies like estate tax planning and gift tax planning.

Establishing a trust is one way to minimize estate tax. By transferring assets into a trust, you can remove them from your estate and potentially reduce tax liability. You can also employ various other strategies, such as gifting assets during your lifetime, setting up a charitable trust, and leveraging life insurance policies.

Unexpected Perks of an Estate Plan for Small Business Owners

Estate planning also boasts benefits like maintaining privacy and avoiding probate. An estate plan enables asset distribution in a private, confidential manner and bypasses public probate proceedings.

Privacy is important for many small business owners who may not want their personal and business affairs exposed. By crafting an estate plan, you can ensure your assets are distributed privately and confidentially without the need for public probate proceedings.

Using trusts and other strategies in your estate plan can help you sidestep probate, leading to quicker and more efficient asset distribution.

Preserve Your Legacy

Ready to take charge of your financial future and protect your hard-earned assets? Contact our firm today for a consultation with our experienced North Carolina estate planning attorneys. We’ll help you develop a tailor-made estate plan that caters to your unique needs and goals while securing your business and family for years to come.

About the Author
David W. Hood, Partnership Chair of the Firm, is a trial attorney in a wide-ranging civil practice with over 200 jury trials to his credit. His concentrations include Business Disputes, Construction Law, Personal Injury and Collections. He is also a certified mediator, helping to settle cases pending in both state and federal court. He recently finished his term as President of the North Carolina Association of Defense Attorneys, the organization for lawyers representing business interests in civil litigation.