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Writer's pictureSarah Morris Ocampo

The Consequences of Passing Away Without an Estate Plan for Your Business

Updated: Oct 7


Have you ever considered what might happen to a business if its owner suddenly wasn’t there to run it? The future of the business largely depends on whether a succession plan is in place. 



This type of plan, often integrated into a broader estate plan, ensures smooth business continuity.

 

Incorporating a Succession Plan into an LLC

 

One option for business owners with an LLC (Limited Liability Company) is to build the succession plan into the LLC’s operating agreement. 

 

This agreement governs how the business is managed and outlines specific steps to take if the owner can no longer oversee operations.

 

Adding Succession Planning to Corporate Bylaws

 

If you own a corporation, your succession plan can be incorporated into the corporation’s bylaws. 

 

These bylaws dictate how the corporation operates, and adding a succession plan can ensure a seamless transition in leadership, protecting the business's future.

 

Using a Trust for Business Succession

 

Another effective method is to include business succession planning in a trust. A trust allows you to place your business interests into a legal entity and specify how those interests will be managed and distributed after your passing or if you become incapacitated. 

 

This approach provides clear guidance and helps avoid potential disputes.

 

Tailoring Succession Plans to Individual Needs

 

Remembering that there’s no one-size-fits-all solution for succession planning is important. 

Every business owner’s situation is unique, and the right approach will depend on individual circumstances and the business's structure.

 

Seek Professional Guidance

 

Planning for the future of your business is essential, and consulting a professional can provide the expertise needed to make informed decisions. 

 

Ocampo Wiseman Law offers complimentary phone consultations to help business owners with their succession planning needs.

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