Life insurance, as most people know, is a unique financial instrument that helps families by creating a lump sum that can be use to replace some or all of the income that is lost when someone dies. It also can be used to help businesses with the financial loss when an owner or a key person dies.
One of the most common business uses for life insurance is to fund buy and sell agreements. Another use is key person insurance. I’ll get to key person life insurance in another post but first some information, through the use of an example, about funding buy/sell agreements.
Bill and Sara are equal shareholders in a software development business worth $2,000,000. The business is doing well and is growing. Bill is the “techie” and Sara runs sales and PR. Bill is married to Lisa who is a teacher. Sara is married to Bob, who runs an electrical contracting business. Things are going well but one day Bill develops high blood pressure, dizziness and over time is unable to work full time. He is diagnosed with a heart problem, has a quadruple bypass but unfortunately the condition deteriorates. Within a year, Bill passes away. Along with the emotional upset, Sara now has a business without the tech expert who built the software.
So Bill has to be replaced. Also, Bill drew $100,000 per year out of the business and Lisa (his wife)needs the income to pay bills. Now Sara has three problems: the emotional loss of her business partner, the loss of the technical brains of the business and now the financial problems of her new partner. Who’s the new partner? Answer: Bill’s wife Lisa who is Bill’s heir. Bill left all his assets to Lisa including his share of the business. This is a mess.
How could it have been avoided? By having a buy/sell agreement and funding that agreement. This would have allowed the surviving shareholder, Sara to pay Bill’s heir, Lisa, for the business. Sara would have then owned the business 100% and Lisa would have cash equal to Bill’s shares.
Since there will be funds needed to hire a replacement and a potential financial disruption of the business, key person life insurance would have been a good idea as well. The problem is where does Sara get the money to buy out Lisa?
The smart move would have been to have taken life insurance out covering each other along with agreeing to the buy out while they were both living. How does that play out? When both were healthy, Bill and Sara agree that the value of the business is $2,000,000. Their attorney draws up a buy sell agreement that binds both Bill and Sara and their spouses sign off on it.
When Bill died Sara would have received $1,000,000 which she could then use to buy Lisa’s shares. Sara then would own 100% of the business. Bill’s heirs have cash equal to their value of the business. This is smart planning. If you have a business with other shareholders or a key person vital to your business, talk to the Lifeinsure.com experts.