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Can a trust protect your family business?

On Behalf of | Feb 12, 2024 | Trusts And Estate Planning

It took time and dedication to build your business. While you hope it will always be a part of your family’s legacy, it’s important to remember that situations may occur that will affect its continuity, such as lawsuits, divorces, and family disputes.

One way to protect the company is by placing it in a trust. But it’s essential to understand the facts before deciding if it’s the right move for you.

Asset protection

A trust is a legal arrangement where a trustee holds assets for the benefit of another party. They are versatile and can meet a variety of specific needs, including protecting your family business.

One significant benefit of a trust is that you can use it to provide a clear succession plan in the event of your death or incapacity. The trust allows you to dictate who will take over the business, thus avoiding potential disputes and ensuring a smooth transition.

A trust also offers asset protection. Placing the family business in an irrevocable trust can protect its assets from creditors, lawsuits and even divorce proceedings.

Another advantage of placing a family business in a trust is the potential tax benefits. Trusts can be designed to take advantage of various tax benefits and exemptions, helping to reduce the tax burden on the business and your beneficiaries.

Trusts are customizable and allow you to tailor their structure to meet your family business’s unique needs and goals. However, setting up the trust involves multiple steps and requires careful planning. Understanding the various types of trusts and their benefits and drawbacks is vital. Working with someone who understands the intricacies of trust formation will help ensure that you choose the kind of trust that best fits your needs and is legally sound.