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Why Create An Estate Plan: Tips for Small Business Owners

create an estate plan

As an estate planning attorney, I actively encourage everyone to create an estate plan.

This recommendation to create an estate plan is for all. Readers of my blogs and articles, and those who seek my counsel need an estate plan. Anyone with significant assets such as real estate, a home, vehicle, boat, digital assets etc. needs an estate plan. We just never know what can happen in this life.

Illnesses spring up, accidents happen. We are often taken by surprise when we leave this earthly plane. As such, we leave loved ones making tough decisions. These are often decisions they wouldn’t be making if there were an estate plan with health directives in place.

For someone who has a small business, having not only a personal estate plan is important. But even more important is having an estate and succession plan for their business.

Most people start businesses to create a legacy for their families. Yet, most small business owners are frequently too busy to take care of important details. Such as stepping outside the business to think about contingencies. Preparing a plan for the business should something tragic happens often gets overlooked. Likewise, they also often don’t think about what would happen to the business if they want to transition out of it.

If you’ve watched the HBO episodic, Succession, that created such a buzz, you may understand a little better the importance of putting a plan in place sooner rather than later. Granted, in that television drama, there were multiple corporate entities in the conglomerate, but the same kind of infighting and drama occurs in small businesses when there are no clearly defined plans.

Five Strategies To Safeguard The Continued Operation Of Your Business

1.Create A Business Succession Plan

A well-designed business succession plan outlines specific steps to be taken when you retire, sell your business, or pass it on to the next generation. By having a clear plan in place, you can ensure a smooth transition while maintaining the value and continuity of your business. Consider factors such as leadership development, training, and mentoring programs to groom potential successors.

One of the primary goals of succession planning is to minimize the potential for disputes among family members or business partners. This can be achieved by establishing a clear plan for the transfer of ownership and management, including the roles and responsibilities of everyone involved in the business. A well-designed succession plan can ensure the continuity of the business and preserve the legacy of the business owner.

2.Choose The Right Successor

One of the most critical aspects of estate planning for business owners is selecting the most appropriate and suitable successor to take over your business. Whether it’s a family member, a trusted employee, or a business partner, identifying a capable individual who shares your vision and values is essential. Your succession and estate plan will outline and define in detail the process of transitioning ownership and management responsibilities to ensure a seamless transfer.

3.Protect Your Business Assets

Business assets are often the foundation of one’s wealth. To safeguard your assets, it’s crucial to establish a comprehensive plan that includes strategies such as asset protection trusts. You want to have measures in place that can shield your business assets from potential creditors, lawsuits, and other risks.

4.Minimize Estate Taxes

Estate taxes can significantly impact the value of your estate and the wealth you pass on to your heirs. By implementing tax planning strategies, you can minimize the tax burden on your estate. Explore options such as gifting assets, establishing trusts, and taking advantage of tax deductions and exemptions available for business owners.

5.Update Your Estate Plan Regularly

Finally, it’s crucial to review and update your estate plan regularly. As your business evolves, circumstances often change, and tax laws are updated. Likewise, your estate plan should adapt accordingly. You must ensure, on an ongoing basis, that your plan reflects your current goals and addresses any new challenges or opportunities.

When you’re ready to begin the process of creating an estate and succession plan for your small business, give my office a call at (470) 235-7868. Having it in place will give you peace of mind and protect your loved ones and the legacy that you’ve created.


Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

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