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Tax, SDIRAs & Cost Segregation

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Alfred Bell
  • Investor
  • Clearwater, FL
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How to pass over ownership/control of my S Corp

Alfred Bell
  • Investor
  • Clearwater, FL
Posted Jan 26 2012, 02:49

Have an SCorp that I use for real estate projects. Single owner corp, no employees. If something happens to me my wife won't have access to the corp or its assets or bank account. I have a POA that allows her to conduct the business of the corp if I become sick or incapacitated. But for death... would it be acceptable for me to execute a notarized document between us like a "Designation of Successor Shareholder" wherein I declare that in the event of my death that she is deemed the Successor Shareholder of 100% of my SCorp's stock and entitled to all rights and privileges that such a position entails? Will this allow her to access bank account, sell off any assets, dissolve corp, etc?

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Steven Hamilton II
Pro Member
  • Accountant, Enrolled Agent
  • Grayslake, IL
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Steven Hamilton II
Pro Member
  • Accountant, Enrolled Agent
  • Grayslake, IL
Replied Jan 26 2012, 14:07

Unless specified by your will it should pass to your spouse. She will then be able with the death certificate and a copy of the will do as she pleases. make your life easier and list it in the will. talk with a lawyer about the documents needed to have control transfer directly to her seamlessly.

User Stats

181
Posts
14
Votes
Alfred Bell
  • Investor
  • Clearwater, FL
14
Votes |
181
Posts
Alfred Bell
  • Investor
  • Clearwater, FL
Replied Jan 26 2012, 21:03

Hi Steven. Thanks for your input. But... I don't have a will and don't want one. A will opens one up to probate. That is why I'm looking for a simple solution like a notarized document stating a successor.

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