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Family Owned Estate Planning

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Family Owned Business Estate Planning

In this case study, as John’s financial advisor, I have been tasked with reducing, or eliminating the potential estate tax burden of John’s estate. Additionally, I am tasked with maximizing the amount of wealth transferred to John’s heirs. John, age 61, is married to Jane, age 60. He owns Victory Company, a family business professionally valued at $5.6 million. He and Jane have three children and seven grandchildren. One son, Paul, manages Victory Company and will someday own it. John's overall wealth is about $15 million. This includes the $5.6 million value of Victory Company, which nets $1.5 million before tax and after paying John a $300,000 salary plus liberal fringe benefits. After taxes, John earns about $400,000 to $600,000 more per year than he and Jane spend. The balance of John's wealth includes two homes (a main residence and a vacation home) worth a combined $2.7 million; $1.7 million in his 401(k) plan; cash assets and a stock and bond portfolio totaling $1.8 million; $2.9 million in income-producing real estate; and $300,000 in sundry assets. There also is $6.2 million in insurance on John's life that is now owned by an irrevocable life insurance trust (ILIT). This insurance includes a $1.2 million whole life policy and $5 million in 10-year term insurance with six years remaining in the term.
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This first thing I need to get a handle on is John’s company. The $5.6 million value of Victory Company represents over one-third of John’s estate, and grows $1.5 million in value each year before taxes. This is not an asset I want in John’s estate when the grim reaper comes knocking on John’s door. Currently, John’s son, Paul, is managing the company and John would like for Paul to someday own the company. It seems that John trusts Paul enough to take over the business. As John’s financial advisor, I was torn

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