The death of a business partner is devastating.聽 After the memorials have been completed and funeral held, the time has come to think about what is left in his aftermath.聽 It is聽 pretty common, that when dealing with a partnership, one of the partners specializes in one area while you specialize in another.聽 How do we move on from such a difficult time?聽 In this segment, we are going to discuss restructuring a business, what is the business worth, going through property in probate to determine who the business will be passed on to, and continuing to make the business prosper.聽

Business Must Go On!聽 What Do You Do Now?

As you leave the office of the lawyer, you have been informed that your partner left a will.聽 His son was given his share of the business. 聽聽The restaurant, Smokey鈥檚 Ribs and Burgers, is now in limbo. Fortunately, his son is willing to sell his share of the business to you.聽 After going through probate, you sit with the son and determine what he expects to receive from his share of the business.聽 How much is he asking for it?

Purchasing a business

In conversation, you both agree that you will purchase his part of the business, but what is it worth?聽 聽One of the best ways to determine the worth of a business is to investigate it.聽 You should find out how is business conducted and how is it reported?聽 First, carefully review all paperwork related to the business and its finances.聽 This will assist you with evaluating the value of the business.聽 You can also study the business in person to see how the seller runs their business.聽 Also, you may want to study its demographics as well.

Business Partner

Once you agree on the price, you and the decedents son must make a contract to sell the business to you.聽 Moving forward, the next decision is how does the business operate moving forward?聽 Do you find a new partner? Do you change the type of business to a S- Corp? 聽聽Each situation is different, but it may be wise to go see an attorney to determine which entity is better for your situation.

Adding A Vehicle To the Business

The restaurant does well on its own, but with the rise in food trucks you decide to venture out into this uncharted territory.聽 At this time, you meet a young man who has agreed to cook for you on the food truck.聽 His past experience with your competition is a great asset to the business.聽 You have a few questions, Is it legal to have his past patrons follow him to this truck?聽 The answer is yes.聽 If your new employee happened to have personal contact with these clients or is able to advertise on his own social media, there is no wrong doing in this.

** Building a business is difficult, but recovering after a loss, can be devastating for a business.聽 It is important to remember to keep your head up and reach for the moon.聽 Even if you come up short, you will still be among the stars.

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If you are a member of Spiegel & Utrera, P.A.鈥檚聽General Counsel Club聽and have business聽related questions, call (800) 734-9900 or ClubAssist@AmeriLawyer.com聽for assistance. Remember, as a member of the 聽General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We聽will assist you with聽Incorporation Service,聽Trademarks,聽Copyrights,聽Estate Planning,聽Legal Counsel,聽Wills,Trusts,聽Agreements & Leases,聽Corporate & Company

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