Inheriting a family business does not mean you must run it. You may have a different career, live far away or lack the time to manage daily operations.
Fortunately, Nevada law offers several ways to handle an inherited business. Depending on the circumstances, you may sell it, transfer your ownership or close it. However, each option involves legal and financial steps.
Can you sell an inherited business?
Selling the business may make sense if you want to receive its value without taking over operations. However, you should first determine what the business owns, what it owes and how much it is worth.
Before arranging a sale, consider these steps:
- Review the will and business ownership records
- Check for outstanding debts and unpaid taxes
- Obtain a professional business valuation
- Review contracts that may affect a sale
- Determine whether the estate needs court approval
An estate’s personal representative may sell certain businesses when the law grants the necessary authority. Notice requirements and other probate rules may also apply.
Therefore, heirs should confirm who has the legal power to approve the sale before making agreements with buyers.
Can you transfer or close the business?
If another family member wants to continue operating the business, transferring ownership may offer another solution.
However, the transfer process depends on the business structure. For example, Nevada law on LLC ownership transfers allows operating agreements to limit transfers. Receiving an ownership interest also does not always give someone the right to manage the company.
If nobody wants the business, closing it may be more practical. This process generally involves:
- Paying outstanding business debts
- Collecting unpaid customer balances
- Selling equipment and other assets
- Ending contracts and leases
- Completing required tax and closure filings
The business must also follow Nevada’s rules for dissolution and winding up. Heirs should not simply stop operations and ignore existing obligations.
How can you protect your inheritance?
Before deciding what to do, review the business’s finances, ownership agreements and legal duties. These details can help you compare the costs and benefits of selling, transferring or closing it.
An attorney familiar with Nevada business and probate law can explain your options. Legal guidance may also help you avoid disputes with other heirs and address outstanding obligations before making a final decision.
