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Mark succession agreement

Hi Mark Kohler here with another two minute tax and legal tip let's talk about buy-sell agreements now this is a very important document that many partners don't implement in a small business but is absolutely critical to maintaining the viability of the business upon the death of one of the partners and also making sure that the surviving family the deceased partner see the value they're entitled to now with the planning mechanism like this there's a lot of options and details but I will share with you the strategy i think is most applicable for the average small business partnership and that's the cross purchase buy sell agreement our situation like this you'd have two partners who would buy a life insurance policy on the other and then upon the death upon the partners the surviving partner would receive the death benefit tax free he could then take that death benefit and buy out the family at the deceased partner for a predetermined amount and they'd received that tax-free as well because at the stepped-up basis value in the business you can even carve out a few dollars for the surviving partner kinda key man provision make sure that they have enough money to maintained viability of the business again and the ongoing operations now of course any situation like this is a few drawbacks and thats in a partnership with multiple partners where could be unwilly buying all these different life insurance also in a partnership you may have different partners help and also ages and the premiums can change dramatically between partners so wanna make sure that you even things out make sure it's fair with allocations and draws a profit to square things up but again this is a really important strategy that many partners fail to implement and I encourage you to get with your legal planner and look at a buy sell agreement your partnership today keep living the American dream Subtitles by the Amara.org community