Asset Distribution

One of the main objectives of estate planning is to control how assets are distributed upon the death of the estate being planned.  Because the sales of a business often generates significant assets that need to be incorporated into any estate planning process or because assets in the business may be included in a will or trust, it is important to determine how business assets included in the estate are distributed.

There are often important issues to be considered in defining asset distribution:

  1. How much is intended to be given to each recipient?
  2. Are there secondary recipients defined, if the primary recipient is no longer alive?
  3. Are there any restrictions on any asset being distributed?
  4. Are there different tax treatments for different distribution methods or for different recipients?
  5. Are any distributions being made that skip a generation?
  6. Are some assets more marketable than other?
  7. Will there be estate or gift taxes due?  How will these tax payments be funded?