Blogs from June, 2023


Probate is a legal process that takes place after someone passes away. During probate, the court determines the validity of the deceased's will, settles any outstanding debts, and distributes assets to heirs. For business owners, probate can be a complex and confusing process. In this blog post, we will discuss what happens to your business during probate.

1. Understanding the Probate Process

The first step in navigating probate is to understand the process. Probate laws vary by state, so it's important to consult with an attorney who is familiar with your state's laws. In general, the probate process involves filing a petition with the court, notifying creditors and heirs, inventorying assets, paying debts and taxes, and distributing assets to heirs.

2. Planning for Business Succession

One of the best ways to prepare for probate is to plan for business succession. This involves creating a plan for how your business will be managed and who will take over in the event of your death. You may want to consider creating a buy-sell agreement, which outlines how your business will be sold or transferred to a new owner. This can help ensure that your business continues to operate smoothly during probate.

3. Protecting Your Business Assets

During probate, your business assets may be at risk of being sold or distributed to creditors. To protect your assets, you may want to consider creating a trust. A trust can help ensure that your business assets are distributed according to your wishes and can also help minimize estate taxes.

4. Working with an Attorney

Probate can be overwhelming. Working with an experienced probate attorney can help ensure that your business interests are protected during probate. An attorney can help you understand the probate process, create a business succession plan, and protect your business assets.

5. Reviewing Your Estate Plan

Finally, it's important to review your estate plan regularly. As your business grows and changes, your estate plan may need to be updated to reflect these changes. Reviewing your estate plan can help ensure that your wishes are carried out and that your business is protected during probate.

If you need assistance with probate or estate planning, contact Adrian Philip Thomas, P.A. for a consultation.


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