One of the most important advantages of a business partnership or corporation is the ability to keep the business going upon the death of one of the principals, while turning the decedent’s share into an income stream for his or her heirs. A Buy-Sell Agreement accomplishes both objectives.
A Buy-Sell Agreement provides a procedure for valuing the business on death or disability and gives the terms by
which the decedent’s interest in the business is
transferred to the surviving partners or shareholders in
return for cash or a promissory note given to the widow
or children. This trade is a benefit to both sides. The
surviving spouse usually doesn’t want to have to work in
the business, but they need the income represented by
that asset. At the same time, the surviving principals in the business need to make the necessary changes to keep the business going for their own benefit.
Yes, there are competing viewpoints which need to be
brought together, but we have negotiated many of these agreements which have operated to the benefit of all
parties involved.