Business succession

"I Don't Even Know Where The Life Insurance Policy Is!"

The spouse of a small business owner confided to my wife, “I don’t know what I’d do if something happened to my (business owner) husband.  I don’t even know where the life insurance policy is.”  That business owner has no business plan, and more importantly, no written exit plan - and his spouse knows it.

Sadly, this situation is all too common.  Most of us avoid thinking about the possibility of disability or even death.  The “tyranny of the urgent” – customer calls, product problems, financial pressures or a thousand other things – can crowd out genuine intentions for long term planning.  When the unexpected happens, as it all too often does, everyone suffers if proper safeguards are not in place.

Effective business planning allows for the unexpected.  It details how the business is organized, what and where the documentation is, and who should fill the owner’s position if he or she is unable to continue, even temporarily.  Exit planning goes several steps further.  Effective exit planning outlines how and when the business ownership will be transferred, or sold, to someone else.  It provides for appropriate business, tax, legal, financial, and estate planning.  Effective planning means everyone involved with the business knows what will happen next.

The experience of one client emphasizes why planning is critical.  (Names have been changed for privacy).  Tom, the owner, had built a successful multi-million-dollar business.  Lenore, his wife, had long expected that she would take over running the business if anything ever happened to Tom.  It was suggested that Lenore do a trial run.  She agreed to work full time, assisting Tom, for six months.  It wasn’t long before Lenore realized that not only did she not want to work at the business, she did not want to run it – ever! 

That was valuable information for Tom and Lenore.  They knew then that the Owner’s exit plan would not be for his spouse to ultimately own and run the business.

Not long after, Tom was unexpectedly hospitalized with a critical medical condition.  Because of his foresight and effective planning, Lenore only had to be concerned about her husband’s health.  The contingencies they had carefully planned for were covered.  Lenore did not find herself trying to run a business while caring for her husband at the same time.  Their financial needs were covered, and their children, employees, and customers were protected.

A Business Enterprise Institute survey revealed that only 38 percent of business owners think they have identified all the steps necessary to exit their business, and only eight percent had put those plans in writing.

Some questions every business owner should ask are, Would my spouse know what to do next if something happened to me tomorrow?  Do they know where the important documents are?  Would my family be financially protected?  Would my customers and employees be properly cared for? Would my business continue uninterrupted? Would I want it to and would my family need it to?

The demands on any business owner can be overwhelming, but putting off effective long-term planning can be disastrous.  Take steps now to cover tomorrow’s challenges.  The time will come when you will be glad you did.

Contact us today for an exploratory conversation about our STRATEGY RENOVATION® Exit Advisor engagement. Contact information: 301-859-0860 | email@ennislp.com.         

The Importance of Estate Planning for Business Owners

It is not uncommon for the business to be the largest asset in a business owner's estate, while also being the primary source of income for their family.  As estate planning is essentially taking control of how property is managed during life and distributed and transferred at death, a business owner cannot do exit planning without estate planning, or estate planning without exit planning.  Exit goals, such as transferring a business to children, always impact an owner's family and estate.

An example of where an owner's estate and exit plans intersect would be in the area of business continuity.  Sarah, a widow of five years, owned a large women's apparel retail store.  She started the business twenty-five years ago and remained as sole owner as the business continued to grow and realize success.  Sarah's daughter Sue graduated from college three years ago with a degree in design, and both she and Sarah had a vision for Sue eventually taking over the business. Sarah's son Jack, and another daughter April, have no involvement in the business.  

Tragically, Sarah passed away suddenly a year ago causing great distress to her children.  The fact that she passed without having finalized her estate plan resulted in even more hardship for her family.  It was one of those things that she knew she needed to do, but just never could "get around to it" due to the day-to-day trials of running a thriving business.  She had a will but it hadn't been reviewed in over fifteen years.  

The consequences of not having designed and coordinated an estate and exit plan, Sue did not end up owning the business as both she and her Mom desired, the business was sold at a deep discount due to uncertainty among employees and customers, other assets also had to be sold to pay high taxes and estate settlement costs, and there was resulting tension between the siblings due to a disorderly distribution of assets.  This is a shortlist of the potential consequences of the deficient and disjointed estate and exit planning for a business owner.  

Like our fictional character Sarah, most business owners lead busy and full lives.  They can understand that estate and exit planning are important, but it can be difficult to plan the time to make it happen as it represents even more work.  So, it can be very easy to procrastinate.  

The focus of an impactful estate plan is not simply death but also the arrangement of assets (ownership and utilization) in ways that will help estate holders achieve financial goals in a tax-efficient manner during life while providing for survivors’ needs and the disposition of property at death. A successfully implemented estate plan can:

  • Minimize estate taxes and estate settlement costs

  • Ensure that cash is available to pay estate taxes and costs

  • Provide for an orderly transfer of assets that meets the estate owner’s objectives and intentions

  • Preserve assets during life

  • Protect business and ensure its successful transfer or sale

  • Provide peace of mind and family harmony

A well-thought-out and executed estate plan, as part of a comprehensive exit plan, will be instrumental in ensuring that the right person takes over a business when the current owner dies. Other issues that would be addressed in a comprehensive estate plan would include the appropriate business valuation, equitable estate distribution among children, a properly drafted buy-sell agreement, tax, and philanthropic planning.

As a business owner, it is wise to regularly review your estate plan to ensure that it represents your current desires and goals for your personal and business asset distribution. Please contact us if we can be of service to you in the review of your estate plan.

Invest 12-15 minutes in the FREE ExitMap® Assessment and get a 12-page report scoring you in four key exit planning areas: Finance, Planning, Revenue/Profit, and Operations.