Here's a General Guide on How to Transfer Business Interests into a Florida Living Trust.
1. Limited Liability Company (LLC):
Operating Agreement Amendment: Check the LLC’s operating agreement. Typically, it will contain provisions for assigning membership interests to a trust. Amend the operating agreement to reflect the transfer.
Assignment of Membership Interest: Execute an Assignment of Membership Interest, transferring the ownership from the individual to the trust. Read More About Wills & Trusts.
2. Corporation:
Shareholder Agreement Amendment: If there’s a shareholder agreement, review it for provisions related to transfers. Amend the agreement if necessary.
Stock Assignment: Execute a Stock Assignment document to transfer ownership of corporate stock to the trust. What is a Florida Living Trust?
3. Partnership:
Partnership Agreement Amendment: Check the partnership agreement for any restrictions or procedures related to transfers. Amend the agreement as needed.
Assignment of Partnership Interest: Use an Assignment of Partnership Interest to transfer ownership to the trust.
4. Sole Proprietorship:
Business Asset Transfer: For a sole proprietorship, there may not be distinct shares or membership interests. Instead, transfer the business assets to the trust using a Bill of Sale or similar document.
General Considerations:
Legal Assistance: Regardless of the business structure, it’s advisable to seek legal assistance. An attorney experienced in estate planning can help draft and/or amend necessary documents.
Consent of Co-Owners: If the business has multiple owners, ensure that the transfer complies with any required consents or buy-sell agreement provisions.
What if I Need More Information About Transferring Business Interests to a Trust?
If you are interested in a speaking with an Estate Planning Attorney in order for your business interests to avoid Probate, kindly call our office anytime (24/7) at 813-897-0295, and schedule your consultation to speak with a local Living Trust Attorney. Learn more about avoiding Probate.
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