Business Forced Sale
Your family may be forced to sell quickly at below-market value to pay estate taxes and debts, losing decades of built value.
Secure Your Business Legacy with Strategic Succession Planning
Protect your life's work and ensure your business continues to thrive with a comprehensive succession plan that safeguards your family's financial future and your employees' livelihoods.
Trusted By Clients Throughout New Jersey
- 10+ Years Experience
- JAG Army Reserve Captain
What Happens to Your Business Without Succession Planning
70% of family businesses fail to survive to the second generation. Without proper planning, your business faces these critical challenges:
Comprehensive Succession Planning Solutions
Every business is unique. We create customized succession strategies that protect your business value and ensure smooth transitions
Family Business Succession
The most popular trust option that allows you to maintain control during your lifetime while avoiding probate and providing incapacity protection.
- Multi-generation planning
- Leadership transition training
- Incapacity planning included
- Ownership structure design
- Family employment policies
- Conflict resolution mechanisms
Family Focus: Create clear roles, expectations, and governance structures that keep your business thriving across generations.
Management Buyout (MBO)
Sell your business to existing management team through structured buyout arrangements that ensure continuity and reward loyalty.
- Management incentive structures
- Financing arrangement coordination
- Seller financing options
- Performance-based payments
- Transition period planning
- Employment agreement protection
Continuity Advantage: Keep your business culture intact while ensuring management has skin in the game for long-term success.
Employee Stock Ownership Plan (ESOP)
Create an ownership culture while providing significant tax advantages and ensuring your employees benefit from the business they help build.
- Significant tax deferral benefits
- Employee motivation and retention
- Gradual or complete sale options
- Maintain company culture
- Diversify owner's wealth
- Legacy preservation
Win-Win Solution: Employees become owners while you receive tax-advantaged proceeds and see your legacy continue.
Third-Party Sale Preparation
Maximize your business value and prepare for optimal sale conditions to external buyers through strategic value enhancement.
- Business valuation optimization
- Financial record organization
- Legal structure optimization
- Due diligence preparation
- Tax minimization strategies
- Deal structure negotiation
Maximum Value: Strategic preparation can increase sale value by 20-40% while reducing tax implications.
Hear From Our Clients
I had the pleasure of working with Mark Bittner for my international estate planning, and I cannot recommend him highly enough. Mark handled my case with exceptional expertise, particularly in navigating the complexities of a specific legal matter involving cross-border asset distribution. His deep knowledge of international estate law was evident, as he provided clear, well-informed guidance that made a potentially overwhelming process feel manageable and secure. Mark's professionalism is unmatched — he was incredibly responsive, promptly addressing every question and concern I had, no matter how small. He took the time to truly listen, showing genuine empathy and understanding of my unique circumstances, which made me feel valued and supported throughout the entire process. His attention to detail and ability to explain complex legal concepts in an approachable way gave me complete confidence in his counsel. Beyond his technical expertise, Mark's warm and professional demeanor made working with him a pleasure. He is a rare combination of being highly skilled and empathy, ensuring that every step of the process was handled with precision and compassion. If you're looking for a lawyer who will go above and beyond, I wholeheartedly recommend Mark Bittner for any estate planning or legal needs. He is, without a doubt, a five-star professional.
Working with Mark, during one of the most difficult transitions of my life made all the difference. From the very beginning, he brought a sense of calm, clarity, and professionalism that helped ease so much of the stress I was carrying. He was responsive, knowledgeable, and truly took the time to understand my situation, guiding me every step of the way. What stood out most was how seamless he made the entire process feel, even when things felt overwhelming on my end. I always felt supported and confident knowing he was handling everything with care and expertise. I can't recommend him enough — if you're looking for someone who will not only advocate for you but also make a challenging time feel more manageable, he is absolutely the person to call.
Our Business Succession Planning Process
We take a comprehensive approach to ensure your succession plan works when you need it most
1
Business Assessment
We analyze your business structure, value, goals, and family dynamics to understand your unique succession needs.
2
Strategic Planning
Develop a customized succession strategy that maximizes value, minimizes taxes, and ensures smooth transition.
3
Legal Documentation
Draft all necessary agreements, contracts, and legal documents to implement your succession plan properly.
4
Implementation & Updates
Execute the plan with all parties and provide ongoing reviews to adapt to changing business and family needs.
Business Succession Planning Questions
Get answers to the most important questions about protecting your business legacy
When should I start succession planning?
The best time is now, regardless of your age. Succession planning takes 5-10 years to implement properly, and unexpected events can happen at any time. Early planning provides more options and better tax strategies.
How do I determine my business value for succession planning?
Professional business valuation considers multiple factors: financial performance, market conditions, growth potential, and succession premium or discount. We work with qualified appraisers to establish accurate valuations for planning purposes.
What if my children aren't interested in the business?
Many successful succession plans don't involve family. Options include management buyouts, employee stock ownership plans (ESOPs), or third-party sales. The key is planning early to develop the best strategy for your situation.
How can I minimize taxes on business transfer?
Tax strategies include gifting shares over time, installment sales, charitable remainder trusts, and grantor retained annuity trusts (GRATs). The optimal approach depends on your business value, family situation, and timing.
What happens if I become disabled before succession?
Disability triggers are critical in succession planning. We include incapacity provisions in all agreements, specify management succession, and ensure business operations continue seamlessly if you cannot perform your duties.
How do I handle key employees in succession planning?
Key employees need retention incentives, clear communication about their role post-succession, and potentially equity participation. Golden handcuffs, phantom stock, and management agreements help secure their commitment during transition.
We offer free initial consultations for all our practice areas. During this meeting, we'll review your situation, discuss your legal options, and provide an honest assessment of your case. There's no obligation to hire us, and you'll leave with a clear understanding of your legal position.
Our civil litigation practice covers contract disputes, business litigation, employment disputes, property conflicts, insurance claims, and professional liability matters. We represent clients in both state and federal courts, handling everything from complex commercial disputes to personal legal matters requiring courtroom advocacy.