Firm Logo
We’re Here When You Need Us

We Have Your Best
Interest In Mind

Photo of Professionals at Law Office of Rebecca L. Evans
  1. Home
  2.  » 
  3. Estate Planning
  4.  » 3 FAQs about including a business in your estate plan

3 FAQs about including a business in your estate plan

On Behalf of | Jul 4, 2023 | Estate Planning |

When it comes to estate planning, it can be tricky enough dealing with personal assets. But what if you own a business? How does that fit into your Virginia estate plan?

Owning a business adds another layer of complexity to estate planning. However, with the right strategies, you can ensure your business continues to thrive even after you are gone. Here are some common questions people often ask when it comes to incorporating a business into their estate plan.

1. What does it mean to include my business in my estate plan?

Including your business in your estate plan means preparing for the transfer of your business upon your death. This can involve designating who will take over the business, how the transition will occur and how to handle the value of the business in terms of taxes and distributions to heirs.

2. How can I ensure a smooth transition of my business?

One common strategy for a smooth transition is to create a succession plan, which outlines who will take over the business and how the transition will occur.  Communicate this plan clearly to all involved parties.

Another strategy is to use a buy-sell agreement, which allows a co-owner or key employee to buy the business upon your death. The terms of this agreement, including the price and terms of payment, are set in advance, which can help prevent disputes and ensure a seamless transition.

3. How does the value of my business affect my estate?

The value of your business is part of your estate for tax purposes. Depending on the size of your estate and the value of your business, this could trigger federal or state estate taxes. However, there are strategies you can use to cut these taxes, such as using a trust or gifting shares of your business to your heirs during your lifetime.

Incorporating a business into your Virginia estate plan requires careful planning and a clear understanding of the various strategies available to protect both your business and your loved ones’ financial future.

FindLaw Network
Photo of Deborah N Arthur and Rebecca L. Evans