According to the Exit Planning Institute, 83% of businesses have no written transition plan and 66% are owned by Baby Boomers who will transition out in the next ten years, one way or another. If you are considering a buy-sell agreement for your business, this article from Rimon, PC estate planning attorney Patricia Annino can help you understand the functions and benefits of this important business succession planning tool.
Preparing for the Unexpected: Essential Succession Planning for Family Businesses
Sudden death is an unwelcome and unpredictable event that can throw both personal and business lives into chaos. For family businesses, the loss of a founder or key executive can be particularly devastating, leading to confusion, financial distress, and operational disarray. Planning for such scenarios might not be at the top of your to-do list, but it’s an essential task that can safeguard the legacy and future of your enterprise.
Why succession planning matters
The sudden death of a family business owner brings not only emotional grief but also numerous challenges for the business. The story of a man who died unexpectedly in a car accident underscores the importance of succession planning: Four women, each engaged to him, attended his funeral—unaware of each other’s existence. His business affairs were just as messy, hidden behind a façade of charm and success. Chaos ensued.
In contrast, another man who knew he had limited time due to a terminal illness took proactive steps to ensure his family’s financial security and his business’s continuity. He communicated openly with his family about his plans, secured life insurance, and empowered his son to make decisions about the business. This approach exemplifies the benefits of thoughtful planning.
The consequences of not planning
Sudden deaths like those from accidents or unexpected illnesses can dismantle years of hard work in a moment. Without a clear plan, businesses may face prolonged decision making, legal complications, financial instability, and conflicts among stakeholders.
Steps for effective succession planning
To prevent disruption and secure the future of your family business, consider these key components of an effective succession plan:
- Develop a clear operational succession plan.
Identify potential successors from within and outside the company. Review and revise this plan annually to ensure it remains relevant.
- Create short-term and long-term plans.
- Short-term plan: Address immediate concerns such as media management, bank loans, financing, debt management, and cash flow issues. Communicate with key customers and investors to reassure them.
- Long-term plan: Evaluate the management team and plan for any necessary staffing changes.
- Ensure proper estate planning.
Maintain up-to-date estate planning documents such as wills, trusts, disability and life insurance, buyout agreements, and valuations of business entities.
- Coordinate estate planning with corporate planning.
Integrate personal and corporate planning to create a coherent succession strategy.
- Understand the psychological impact.
Acknowledge the emotional toll of losing a key figure. Expect slower decision making, grief, anger, and changes in negotiation dynamics. This understanding can help manage the transition smoothly.
- Establish the financial value of the decedent’s interest.
Accurately determine the financial value of the deceased’s business interest for tax purposes and potential buyouts.
- Focus on legacy.
Prepare a statement that reflects the values and mission of the deceased and the business. This can aid in the grieving process and strengthen the brand’s identity.
Conclusion
The sudden death of a family business founder or key executive has profound and lasting effects. A robust and flexible governance structure, open communication, and continuous, evolving planning are crucial. Family businesses should not face this challenge alone. Involving personal and business advisors can provide the guidance needed to develop and maintain an effective succession plan.
By taking these proactive steps, family businesses can protect their legacy, ensure continuity, and provide stability for future generations. It’s never too early to start planning. Secure the future of your business today.
SMRU:6875665 EXP: 08/31/2027
IDITs: What advisors need to know
Financial service providers play a crucial role in helping their clients achieve their estate, tax, and business succession goals, but one powerful tool that often goes underutilized is life insurance. By incorporating life insurance into their strategies, financial professionals can provide their clients with secure estate plans, tax reduction strategies, and asset protection. In this article, titled “IDITs: What Advisors Need to Know,” Jeff Chadwick shares valuable insights into the utilization of intentionally defective irrevocable trusts to enhance estate planning and asset protection, and explains how IDITs can be used as a vehicle to transfer wealth and minimize taxes, while providing the necessary liquidity to address potential estate tax liabilities.
Business succession: Working forever, or just planning on it?
Many business owners seem to think they’re going to live forever and thus have done no succession planning, despite the COVID-19 pandemic illustrating more than ever the need to be prepared for probable, or inevitable, events or setbacks. Planning to work forever is not a business succession plan, and without one, when adverse events occur, the results can be devastating. This article looks at three critical elements business owners should consider to create a successful transition plan that can help maximize the business’s value for themselves or their families and increase the firm’s longevity.
Trustee selection considerations
Many estate plans incorporate trusts to facilitate asset management, avoid probate, reduce estate taxes, protect assets from creditors, or provide for a family member with special needs, so the selection of a trustee is very important. Should a family member (or friend) serve, or should a corporate trustee be selected? Read this article to learn what to consider when selecting a trustee. New York Life Insurance Company and its agents do not provide tax or legal advice.
Will contest: Could it happen to you?
Clients often spend time and financial resources to establish a will and estate plan, but a small percentage of wills may still be contested. This article discusses the benefits of having an experienced estate planning team that can recognize the risks of a will contest, offer strategies to stop potential challengers, and decrease the likelihood of a successful will contest.