Business Succession Focused Estate Planning

A shareholders agreement governs the relationship among the owners of a corporation while the business is operating. It addresses voting rights, management authority, decision-making thresholds, and what rights a shareholder or their successor acquires alongside an ownership interest. In the context of estate planning, it is the document that determines what a person who inherits shares actually inherits, and whether they step into a governance role or simply hold a financial interest.

A shareholders agreement can also designate a specific individual as the authorized decision-maker on behalf of any ownership interest held in a trust or passed to an estate, functioning as a control person provision within the document itself. This is particularly useful when shares are divided among family members or held by a trustee who may not be actively involved in the business. A clear designation avoids uncertainty about who speaks for that ownership interest when business decisions need to be made.

For LLC owners, similar provisions are typically built into the operating agreement rather than a separate document. Either way, these provisions should be reviewed alongside your estate plan to make sure the two are consistent with each other.

For California LLC owners, the operating agreement is the governing document for the business. A well-drafted operating agreement should include specific provisions that address what happens to a membership interest when an owner dies, becomes incapacitated, or otherwise exits the business. These provisions can designate a successor manager, restrict transfers to non-approved parties, and specify the rights of a trust or estate that steps into an ownership role.

Many small business owners formed their LLC using an online service or a basic template and have never revisited their operating agreement since. If your operating agreement does not address succession, it may leave critical questions unanswered at the worst possible time. BMBR reviews and updates operating agreements to make sure the succession provisions reflect your current goals and are coordinated with your broader estate plan.

For LLC owners, the operating agreement can include a provision designating a specific individual as the successor manager or authorized decision-maker when a membership interest passes into a trust or an estate. This ensures that even when ownership becomes divided or is held by a trustee unfamiliar with the day-to-day operations of the business, there is a clear and agreed-upon person with the authority to act on behalf of that interest.

A trust is one of the best ways to ensure that your assets are given to the appropriate family member or friend, following your death. Unlike a will, a trust allows you to determine not only who will get your assets but when. This is especially helpful if you are leaving minor children large sums of money. A trust will allow them to receive this money when they are older and can better handle their finances. To make sure that your trust is sound, it is important to work with an experienced attorney.

Here at Branfman Mayfield Bustarde Reichenthal LLP, we have years of experience helping clients establish living trusts in the San Diego area. We will work with you closely to determine who should act as trustee of your assets after you are gone, and determine a reasonable timeline for your beneficiaries to receive their assets. We can also help you formulate detailed instructions to ensure everything is carried out according to your terms, following your passing.

A trust is a valuable component of your estate planning because you can add all types of assets and property into the trust, and have detailed instructions about when your beneficiaries can access those assets. Contact us at Branfman Mayfield Bustarde Reichenthal LLP today to schedule a consultation with one of our compassionate and professional attorneys.

A will is an important back up tool to use in conjunction with a revocable living trust.  A will alone won’t avoid probate. A will is a legal document that establishes how your property and assets will be distributed following your death. Passing away without a will does not allow you any say in what happens with your property, nor does it give someone you trust the power to make those decisions. The best way to ensure that your loved ones receive what they deserve following your death, is to create a will  in conjunction with a revocable living trust with an attorney from Branfman Mayfield Bustarde Reichenthal LLP.

While you can draft your own will, working with an experienced attorney will ensure that your will is error-free and meets all state laws. Your attorney can also advise you on what items you can and cannot include in your will.

As you begin estate planning, one of the key documents to fill out is a durable power of attorney. This document allows you to appoint someone, usually a family member or close friend, to handle your affairs and make financial decisions on your behalf, should you become ill or incapacitated. While you have the option of drafting this document yourself, partnering with an attorney at Branfman Mayfield Bustarde Reichenthal LLP ensures that your durable power of attorney covers all your needs and complies with the law.

The person you select for your durable power of attorney is known as your agent. Your agent must be an adult, aged 18-years or older who has sound mental capacity to make decisions on your behalf. It is important to select someone you trust who will always have your best interests in mind. You always have the option of changing or revoking your durable power of attorney before you become incapacitated, and it is only effective while you are alive. Once you pass away, a durable power of attorney will become void, so it is critical to have a will or trust to establish your wishes.

Having a durable power of attorney is an important part of estate planning. 

Every person over the age of 18 should have a Medical Power of Attorney.  That document appoints a person, called an agent, to make healthcare decisions for you in the event you are incapacitated or otherwise unable to make your own decisions.  In this document, you can identify your wishes if something catastrophic happens, including your wishes for your remains upon death.