Trusted Advisor: Estate Planning Attorney
- Asset Protection:The attorney can advise on strategies to protect the personal assets of the company's owners, especially in light of the merger or acquisition. This might include using trusts or other entities to ensure the owner's personal assets are insulated from potential liabilities associated with the transaction.
- Tax Optimization: One of the primary roles is to ensure that the transaction is structured in a tax-efficient manner. This includes considering estate tax, gift tax, and other tax consequences that might arise as a result of the merger or acquisition. By doing so, the attorney can potentially save the business owner significant amounts in taxes.
- Succession Planning: If the company is family-owned, an estate planning attorney can help ensure that the business passes on to the next generation in a manner consistent with the owner's wishes, especially in light of the M&A activity. This may involve creating or updating trusts, wills, and buy-sell agreements.
- Integration with Personal Estate Plan: It's essential that the business owner's personal estate plan aligns with the M&A strategy. For example, if shares of the business are held in a trust, the trust's terms must be considered in the transaction. The attorney will review and adjust the owner's estate plan as needed to account for the M&A activity.
- Liaison with M&A Team: An estate planning attorney will work in tandem with other professionals involved in the M&A process, such as M&A attorneys, accountants, and financial advisors. This collaboration ensures that the business owner's personal and estate planning goals are considered and integrated into the broader M&A strategy.
