Your family business holds a special place not only in terms of financial value but also as a part of your heritage and identity. By addressing succession planning, business structure, a fair distribution of assets, tax implications, and regular review of your planning documents, you can ensure a smooth transition and the continued success of your family business for years to come.
Succession Planning
To create a success plan, you’ll need to determine who will take over the family business when you are no longer able or willing to manage it. If you do not have children who are actively involved in the day-to-day operations of the family business, a third-party successor may be the best choice for a smooth transition.
Business Structure
As you’re creating your estate plan, it’s smart to consider whether your existing business structure is the most effective. For example, this could involve transitioning to an LLC owned by a trust to add another layer of liability protection without the strict management requirements associated with a corporation.
Fair Distribution of Assets
Typically, you’ll want to ensure that the division of your assets, including the family business, is equitable among your heirs or beneficiaries. An effective estate plan strives to prevent conflicts that could arise from an unfair distribution. Often, this includes using life insurance to acknowledge the non-financial contributions of family members who are not directly involved in the family business. You can request our complimentary whitepaper, How Should Mexico Residents Hold Life Insurance Policies in the United States? to learn more about using life insurance to compensate family members for their personal support, mentorship, or role in raising the next generation.
Tax Implications
High-net-worth individuals often face complex tax issues. Work with your estate planning attorney to minimize tax liabilities, especially in the context of a cross-border estate plan. At MEG International Counsel, we provide comprehensive guidance on how the tax treaties and agreements between Mexico and the United States will affect your estate planning needs.
Regular Review of Planning Documents
As part of the estate planning process for family business owners, our attorneys recommend that you regularly review and update all governing documents, including wills, trusts, and operating agreements, to reflect your current intentions and goals. It’s also important to take into account any changes in legal systems, inheritance laws, and probate processes in both Mexico and the United States to ensure your estate plan aligns with these distinctions. To make this task easier, we offer our clients a one-year free membership in MEG Cares℠—our exclusive annual maintenance program.