Go Back   CDN Business Directory > Main Category > Taxes

 
 
Thread Tools Display Modes
  #1  
Old 03-02-2004, 04:10 AM
Brian Collie
Guest
 
Posts: n/a
Default Re: S Corp and one member dies

"Sandy Jones" <masteroflunar[at]aol.com> wrote:

- quote -

> If you operate a S Corp with yourself and a parent and if
> the parent dies, what happens to the shares that belong to
> the parent? What if there is no will? Who will the shares go
> to?


This is a function of state law and better asked in
misc.legal.moderated.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 
Old 03-02-2004, 03:51 AM
Christopher Green
Guest
 
Posts: n/a
Default Re: S Corp and one member dies

masteroflunar[at]aol.com (Sandy Jones) wrote:

- quote -

> If you operate a S Corp with yourself and a parent and if
> the parent dies, what happens to the shares that belong to
> the parent? What if there is no will? Who will the shares go
> to?


The parent's shares would be part of the parent's estate.
They would go to whoever stood to inherit by will (or
intestate succession, if there is no will). Intestate
succession rules are matters of state law; typically, the
surviving spouse (if any) and descendants will split the
estate according to some formula.

Note that an ill-planned or unplanned estate could have the
effect of transferring shares to an ineligible person and so
disqualifying the corporation's S-corp. election.

Some alternatives are for the parent to make a proper will
(the shares would go to the heir or heirs named in the
will), or to hold the shares in joint tenancy (the shares
would go to the surviving joint tenant), in a
transfer-on-death account (the shares would go to the named
beneficiary), or in a living trust.

--
Chris Green

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #-1  
Old 02-29-2004, 07:38 PM
Sandy Jones
Guest
 
Posts: n/a
Default S Corp and one member dies

If you operate a S Corp with yourself and a parent and if
the parent dies, what happens to the shares that belong to
the parent? What if there is no will? Who will the shares go
to?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

Tags
corp, dies, member
Similar Threads
Thread Forum Replies Last Post
What about cap gains on sale of residence if a spouse dies
A: My mother's house has appreciated about $600K since they bought it in 1972. My mother is 85. Her spouse is quite ill and could die in 12-18...
Taxes 5 02-03-2004 06:21 AM
401K beneficiary spouse also dies
clackey: My 401K is large enough that a lump sum distribution would get most of it taxed at the highest tax rate. I want to avoid that in the following...
Taxes 4 01-27-2004 07:22 AM
S-Corp as a member of an LLC
Dick Adams: I was at a party on Saturday. There were seven CPA's there. Proof that my life has become shallow is that I party with auditors and tax preparers...
Taxes 5 09-03-2003 07:20 AM



Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

All times are GMT. The time now is 09:25 AM.