Protecting Multiple Businesses

Challenge 

The Smith family owns and operates a farm and three additional property LLCs. John and Mary own 100 percent of the farm while their two sons, Larry and Joe, own the real property equally. Currently, they have no buy-sell agreement in place as John and Mary assume they will transfer the farm to their sons through lifetime gifts and a Will. However, they have two concerns.  First, they are worried they will not have enough money for retirement.  Second, they are concerned the real estate would be sold if it ended up in the hands of their sons’ spouses. 

Solution 

The best solution would be using a life insurance policy to fund a buy-sell agreement and key-person life insurance for the multiple entities. The buy-sell agreement will ensure the properties are purchased from Larry and Joe if they die before their parents – removing the risk of the spouses. It also ensures the sons have the liquidity to purchase the farm from John and Mary should they die prematurely. Finally, John and Mary use lifetime gifts to give each son a 5 percent minority interest in the farm, and they enter into an installment note for Larry and Joe to purchase the remaining farm shares over time. This will generate the income needed for the parents’ retirement and create a smooth ownership transition. 

 *This blog is strictly the opinion of Michael A. Malleo and not those of