Estate and Business Succession Planning: Estate and Tax Considerations, Planning Vehicles, Best Practices
Leveraging Available Tax Benefits, Buy-Sell Agreement, Lifetime Gift Strategies, Leverage Trusts, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Estate Planning
- event Date
Friday, November 15, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide estate planners guidance on key estate and tax considerations when developing and implementing an appropriate succession plan. The panel will discuss entity structures, leveraging available tax benefits, and incorporating gift and estate planning in a succession plan, as well as address other needs to help create a successful succession plan and process.
Faculty

Mr. Whitty is a Partner in the Corporate Practice of Smith, Gambrell & Russell, LLP. He was a Partner with Freeborn & Peters, which combined with SGR in 2023. Mr. Whitty concentrates his practice in estate planning, taxation, and estate and trust administration. He represents business owners, principals of venture capital and private equity funds, key executives, investors, and other high net worth individuals in planning for the preservation and transfer of their wealth. Mr. Whitty advises individuals and fiduciaries in the design and drafting of estate plans, wills, trusts, lifetime gifts, premarital agreements, and other estate planning documents. He has extensive experience with various types of trusts, family limited partnerships, corporate recapitalizations, shareholders’ and redemption agreements, private annuities, installment sales, intra-trust sales, and other transactions, self-canceling installment notes, and net gifts. Mr. Whitty also reviews and manages estate and gift tax returns, including complex reporting and valuation issues. He consults with executors, administrators, guardians, and trustees in probate and trust administration. Mr. Whitty supervises the drafting of estate administration documents and the filing of pleadings, motions, and accountings with probate courts. He also advises clients in connection with litigation involving disputes between trustees and beneficiaries and in contested trust and tax matters, and he has served as an expert witness in such cases. Prior to joining the Firm, Mr. Whitty was a Partner with Handler Thayer LLP.

Mr. Hawthorne is nationally recognized in the areas of corporate law, mergers and acquisitions (M&A), and securities law. He has extensive experience working on securities matters and helps his clients comply with related laws and regulations, and also works with clients involved in complex commercial litigation. Mr. Hawthorne also has extensive experience in working with tax laws and how to structure companies and deals to help work with and maximize tax benefits and savings (e.g., tax-free transactions, 1202 benefits, partnership taxation, like-kind exchanges, tax incentives and financings).

Mr. Fisher works with business leaders who want to unlock the long-term potential of their companies and their families. He speaks and writes about structural scalability, leadership, and family business matters. Mr. Fisher recently published a book called Family Business Abundance. He is a Co-founder and Partner of The Scalability Leadership Group (SLG) and Featherstone Holdings. Mr. Fisher has devoted most of his career to entrepreneurship in the business-to-business, technology, healthcare, manufacturing, and investment management arenas. He received an M.B.A. from Stanford University and a B.S. in Economics from the University of Minnesota. Mr. Fisher is and has been a board member of many fine companies and non-profit institutions.
Description
There are few events in the life of a business that are as critical as replacing an owner. Without a firm succession plan in place, there is a high risk that the company will fail. Replacing an owner is not only stressful for the successor owner, but also the employees, customers, suppliers, and other stakeholders in the business.
As advisers, there are several essential aspects involved in succession planning for a private business. General discussions regarding succession planning vehicles and the events that should trigger succession plans are at the top of the list. However, identifying the successor owner and timing the transfer of ownership are also critical topics.
In addition, counsel must understand the mechanisms for incorporating gift and estate planning into a succession plan. This involves knowing the impact of entity structures on estate planning, potential tax implications and leveraging tax benefits, utilizing trusts, and other strategies.
Listen as our distinguished panel discusses the importance of a formal business succession plan, entity structures, leveraging available tax benefits, incorporating gift and estate planning in a succession plan, and addressing other needs to help create a successful succession plan and process.
Outline
- Overview of succession planning and its importance
- Discussion of how general counsel can work to draft and maintain a business succession plan
- Common types of succession planning vehicles
- Common issues with succession planning
- Key gift, estate, and tax planning considerations
- Utilizing trusts
- Best practices for maintaining and updating a formal business succession plan
Benefits
The panel will review these and other relevant topics:
- Why is succession planning important for all businesses?
- What is general counsel's role in drafting and maintaining a business succession plan?
- What are the common types of succession planning vehicles?
- How do you incorporate gift and estate planning in a business succession plan?
- What are the estate and tax issues that must be considered?
- How can trusts be utilized and what are the pitfalls to avoid?
- Which employees should be included in a company's succession plan?
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