YOUR GUIDE TO THE TWIN CITIES
Estate planning lawyer Christopher Hunt uses skill and a personal touch to help clients sell their small businesses. It gives him a front-row seat to behind-the-scenes family dramas.
Christopher Hunt says that serious estate planning lawyers have to be able to deal with people at their most vulnerable points.
He knows your business dealings, your family secrets.
He could be a priest. A psychologist. Or a character in a new HBO series.
Such drama might seem far removed from the world of Christopher Hunt, an attorney who specializes in estate planning. Yet his work often involves delving into intimate details of both a company and a family.
That's because a good part of his practice is helping clients who own businesses prepare for life's two certainties and one of its milestones: selling a company.
With an early start, owners can see compelling results: a tax-advantaged plan that allows them to retire comfortably, make charitable contributions and provide for family members and future generations.
"I once had a guy say to me, 'You're a little bit like a priest,'" said Hunt, a shareholder in the estate planning group at the Fredrikson & Byron law firm in downtown Minneapolis and one of 14 lawyers in the group. "'I'm having to lay out my whole story for you, and I don't think I'd even tell my brother some of these things.'
"I never forgot that, and I think it's true. If you're a serious estate planning lawyer, you really have to be able to deal with people at their most vulnerable points. If you're able to establish that relationship, you can do some wonderful things."
For all the potential benefits of working with an estate attorney, Hunt concedes that clients sometimes aren't eager to see him.
"It's kind of like visiting the dentist, I suppose," Hunt said. "You know you need to go ... but you really would rather put it off.
"For many people when they're dealing with estate planning issues, they're having to admit their own mortality and deal with issues that are uncomfortable for them. Or it makes them have to talk with their family or their spouse about issues that are uncomfortable. So they put it off, and that's very understandable."
But that can be a costly mistake. A business owner, for example, can transfer shares of a company he or she plans to sell into a charitable trust, Hunt said, and realize significant income, estate and gift tax advantages, in addition to helping a favorite school, church or charity.
Such a transfer, however, has to occur before the parties have signed a purchase agreement, Hunt said.
"The IRS takes the view that once the deal is set, you can't rearrange it to produce this tax result you want," Hunt said. "You only have the opportunity to do that before you are obligated to sell."
The place for prospective sellers to start, Hunt said, is to take an inventory of assets and their value. They also need to gather such documents as wills and trust agreements and any buy/sell instruments or other documents that would restrict the transfer of business interests.
Hunt discovered that estate planning practice appeals to him intellectually.
"There is a logic to it, there is a correct way to do it," said Hunt, a Minnesota native who got his undergraduate degree at Concordia College in Moorhead and graduated from the Valparaiso University School of Law. "Things have to fit together correctly, and there can't be a lot of play in it."
Business owners need to determine their goals and objectives -- for retirement, family members and charitable causes -- and whether what they expect to receive from a sale would be enough to meet their objectives, Hunt said.
Think about those goals before worrying about tax implications, he advises.
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