Life Insurance: Funding Business Buy Sell Agreements
If you are an owner in a closely held business with other partners or stockholders, here’s a question for you: “Are you prepared to work with your partner’s spouse as your partner?” Why is that question asked? If your partner dies, their share likely goes to their spouse or their children. That means you’re in business with them and they probably will expect their share of profits and cash flow, after all they have living expenses.
What planning could have been done? While all partners are living, you develop a buy-sell agreement for the fair value of each one’s shares. The agreement says that if any of the partners should die their share is bought out. How is this buy-sell agreement funded? You could set aside money or try to pay for it out of cash flow after someone dies.
There are problems with each of these solutions. Setting aside money now is a good idea but there always seems to be something else that needs to be invested in and what if someone dies too soon i.e. before there’s enough money to pay off the heirs? The ideal solution is a method to make the full amount of money available when it is needed.
That answer is life insurance to fund the buy sell agreement. The heirs get full value. The surviving partner(s) keeps the business and doesn’t have to support another family. It’s also better for the heirs since they won’t be financially dependent on a business about which they may know very little – a clean and simple solution.
Also, it’s overlooked sometimes but disability insurance should be bought to cover the buy sell agreement in case of permanent disability.