The dental profession is not exempt from unexpected death or disability. What makes these unfortunate events even more tragic is when a doctor is unprepared. This article does not address the proper practice transition under death or disability, but focuses on how a complete estate plan will assure your wealth preservation for you and your loved ones.

For most dentists a good estate plan will frequently consist of a Will, Power of Attorney, Health Care Directive, and possibly a Revocable Trust (this list is certainly not comprehensive). Nevertheless, you should consult with your own estate planning attorney to be sure that your particular situation is addressed and state law is considered.

WILL. A Will allows you to designate where your assets go, who shall take care of any minor children, who shall administer your estate, establish testamentary trusts, and engage in complicated estate tax planning. Without a Will, state law determines who gets your assets, who takes care of your children, and who administers your estate. Moreover, if you allow the state rules to apply without estate tax planning, it may cost millions of dollars in estate taxes.

(Please note, the following is not intended to be a legal opinion nor address other legal issues that might arise in the case of a marriage dissolution. Typically divorce law is governed by state statute and state legal precedence. Accordingly, one should seek competent legal advice from an attorney familiar with marriage dissolution matters).

There is a joke circulating as a result of our most recent economic turmoil, which goes, “the economic meltdown is worse than a divorce. My net worth has been cut in half, but I’m still married to my spouse”.

Although this may give a chuckle to some, the unfortunate circumstances of a marriage dissolution most undoubtedly causes significant economic and emotional damage to a doctor. Usually in marriage dissolution, there are many issues that arise; however the two most significant economic issues involve spousal maintenance (commonly referred to as alimony), and property settlement.

Shakespeare’s Hamlet pondered, “To be or not to be, that is the question…” Likewise, many dentists considering the sale of their practice ponder, “to sell or not to sell”. Unfortunately the answer to this question is oftentimes not self-evident. Accordingly, when I (or other American Dental Sales brokers) are asked, “Do you think it’s the right time for me to sell?”, we typically advise the doctor to answer two fundamental questions:

ARE YOU FINANCIALLY READY TO SELL? Today more than ever, dental practices are very profitable for the owner/operator. Twenty to twenty-five years ago, an average dental practice would have revenues of $180,000 to $200,000. Currently it is not uncommon to encounter practices with $1M or more in annual revenues. Best of all, during those intervening twenty years, the overhead percentage has remained relatively constant (approximately 60%). Naturally 40% profit on $1M is much greater than a 40% profit on $200,000. Unfortunately the value of dental practices has not kept pace with their growth in relative terms. In other words, the sale of your practice will not replace the earnings if you continue to own and operate your practice.

For a doctor contemplating the sale of all or part of his/her dental practice, it is often enticing to attempt to sell the practice on their own. The transaction may seem simple enough; should be quick and easy; save a few bucks because you don’t have to pay a broker’s commission. Smart…right?? Not necessarily. It may be the worst mistake you ever make.

Please examine a few of the reasons why you should utilize a broker in the sale of your practice, and you will see why retaining a broker will actually make you money: