Monday, July 06, 2009

Buy-Sell Agreements for Estate Planning Purposes

A buy-sell agreement can have an important purpose in an estate plan. It is an agreement used by business owners to sell the interest of a deceased owner to the remaining owners for a pre-determined price or by use of a pre-determined formula. The advantages are allowing the remaining owners to retain control of the business and assuring a definite price and buyer under mutually agreeable conditions.

What about the value of the business interest for estate tax purposes? Will the buy-sell price control for estate tax purposes? It will if the stated price in the buy-sell agreement was entered into for a bona fide business arrangement and was not a testamentary substitute intending to transfer the interest for less than fair and adequate consideration.

17 comments:

Anonymous said...

I recently discovered the horror of Estate Law in Ohio that allows an executor to never execute the estate and to never disperse the proceeds to the heirs.

Are there any support groups for heirs who are trying to change this law and get the estates they have inherited executed in a timely manner?

Alana said...

Can anyone tell me how an heir can get an estate executed when the executor has no intention of ever selling the real estate involved and distributing the proceeds to the heirs?

Anonymous said...

Can anyone tell me how an heir can get an estate executed when the executor has no intention of ever selling the real estate involved and distributing the proceeds to the heirs?

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