Estate Planning for Business Owners Keep the Business Running and Your Family Out of Court
For families who own a business. The same flat-fee plan as any family, plus one flat fee to bring your company into it.
Find Out Where You Stand
Your first call is free, about 15 minutes, and happens by phone with Shawn.
Talk to a real person (770) 710-3422
“What happens to my business if I die?”
Three moments your business has to get through
A business doesn’t stop needing decisions when you can’t make them. Here is what happens in each moment when there is no plan.
Without a plan
- 1
If you can’t work
If you can’t run things and you named no one, no one gets the right to step in for you automatically, not even your spouse. A co-owner or manager who can already sign for the company still can. For your share, and for what is in your name alone, someone has to ask the probate court. The probate court can appoint someone to handle your money and property. That person is called a conservator.
With your plan - 2
When you die
When the only owner of a Georgia LLC dies, the company can end 90 days later unless the person handling the estate steps in as a member or the company’s papers say otherwise.
With your plan - 3
When it passes on
What you leave is your share of the company, not the things it owns. With only a will, your family goes through probate first. For an estate with a business, that takes about 25 months on average, and probate costs average about $29,700.
With your plan
If you’ve never looked at this, you’re in good company. Many owners set up the company once and don’t look at the papers again.
“My LLC handles this, right?”
What owners assume, and what really happens
| What owners assume | What really happens |
|---|---|
| “My LLC handles this.” | An LLC is about the company’s debts. It means you’re not personally on the hook for them just because you own it. It does not cover a debt you signed for yourself, or something you did wrong yourself. It doesn’t decide who steps in for you. That comes from your company papers and your plan. |
| “My spouse can just take over.” | Not without the right papers. If you named no one, no one gets the right to step in for you automatically, not even your spouse. A co-owner or manager who can already sign for the company still can. |
| “My will passes the business.” | A will goes through probate first. What it passes is your share of the company. |
| “A trust protects the business from lawsuits.” | A revocable trust does not protect what you own from lawsuits or people you owe. Its job is to keep your family out of probate. |
How your plan handles each moment
With your plan
- 1
If you can’t work
Your power of attorney can cover running the business and signing for it. We update your company papers to name who manages the company if you can’t.
- 2
When you die
Moving your LLC ownership into your trust is one way to keep it out of probate court. It only works if the LLC’s operating agreement is updated to make the trust the owner. We update your company papers to say the business keeps going and who is in charge.
- 3
When it passes on
Your trust says who gets the company, and how. If one child works in the business, your trust can give that child the first right to buy, put them in charge, pay them for the work, or leave them a bigger share. The person you name to take over your trust is called your successor trustee. Want to hand the business over while you are still working? This plan does not cover that. Tell us on your free call.
“Do I need a trust if I have an LLC?”
Do you need a trust if you have an LLC?
An LLC and a trust do two different jobs.
What an LLC is for
An LLC means you are not personally on the hook for the company’s debts just because you own it. It does not cover a debt you signed for yourself, or something you did wrong yourself.
It does not keep your share of the company out of probate.
What a trust is for
Moving your LLC ownership into your trust is one way to keep it out of probate court. It only works if the LLC’s operating agreement is updated to make the trust the owner. Your plan names who steps in.
A revocable trust does not protect what you own from lawsuits or people you owe.
Don’t have an LLC?
If you want that protection for your savings, an LLC is the way. If you don’t, good insurance is fine. Just know this: a lawsuit bigger than your coverage could reach your other assets.
I run it in my own name. What does that mean?
I have partners. What happens if one of us dies?
My company is an S-corp. Does that change things?
What about key person insurance?
Want one? We set up a new LLC, or move the one you have into your trust and update its operating agreement, for $1,250.
How it works
All by phone.
You talk with us from wherever you are.
We never ask for your logins or passwords.
You retitle your own accounts from our written instructions.
You’ll have drafts of your documents to review about 2 to 3 weeks after your Design Meeting.
You never come to an office.
You sign at home in front of a notary and two witnesses you line up.
A 15-Minute Call With Shawn
Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.
The Design Meeting With Shawn and Melissa
In a 60-minute meeting, Shawn and Melissa review your assets, your family, and your goals together and confirm your price. This meeting is credited toward your plan if you move forward.
Review Every Document With Melissa
Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.
Sign at Home
You sign at home, in front of a notary and witnesses you line up. Your signing instructions tell you who needs to be there. After you sign, you get a written checklist of what to do next.
Who you’ll work with
Melissa Breyer
Georgia Estate Planning Attorney
Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs and drafts every plan at The Hive Law after the initial call. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.
You talk to Shawn first. Melissa is the attorney who designs and drafts your plan.
What Our Clients Say
127+ Five-Star Google Reviews
After my father passed away, my mother had to rely on my father’s employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to The Hive Law to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend The Hive Law!
NicholasGoogle Review
My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to The Hive Law and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. The Hive Law is the best decision I’ve made for my family’s future.
Tristen PursleyGoogle Review
Working with Melissa Breyer to set up our Living Trust was a wonderful experience. She and her entire team were knowledgeable, professional, and made the whole process easy to understand. I highly recommend The Hive Law for all your estate planning needs!
Sharon PalmerGoogle Review
The Probate Free Guarantee:
If an asset on your Funding Checkup list ends up in Georgia probate because of our error, we handle the legal work at no charge, up to $5,000 in total legal fees. It covers probate only, not business risks or lawsuits.
“What is the total for all of it?”
What it costs
$3,500
You start with the same package as any family. It is one flat fee.
- That covers your plan and your home.
- No hourly billing. Your Design Meeting is credited toward the total.
Then add your company
- $1,250for your LLC, moved into your trust
- $550for each extra Georgia property
- $1,100per state, for property outside Georgia
Have partners, or want a full handoff plan? Tell us on your free call and we’ll give you the price.
See everything that’s includedCommon questions
Talk to a real person(770) 710-3422
When the only owner of a Georgia LLC dies, the company can end 90 days later unless the person handling the estate steps in as a member or the company’s papers say otherwise. What you leave is your share of the company, not the things it owns. With only a will, your family goes through probate first.
Your wife or husband cannot just take over your business without the right papers. In Georgia, if you can’t run things and you named no one, no one gets the right to step in for you automatically, not even your spouse. A co-owner or manager who can already sign for the company still can. For your share, and for what is in your name alone, someone has to ask the probate court.
You do not need a trust by law, but an LLC and a trust do two different jobs. An LLC means you are not personally on the hook for the company’s debts just because you own it. On its own, an LLC does not keep your share of the company out of probate. Moving your LLC ownership into your trust is one way to keep it out of probate court. It only works if the LLC’s operating agreement is updated to make the trust the owner. Your plan names who steps in.
Your business does not go to your wife or husband automatically. If you have no will and you have children, Georgia law splits what is in your name alone between your spouse and your children. Your spouse gets at least one third. That includes your share of the company if it is in your name. A will or a trust lets you choose.
If you can’t run your business, the person you named can step in, as long as your power of attorney covers the business and your company papers name them. A power of attorney alone does not make someone the manager of your LLC. Your operating agreement does that.
If one child works in the business, your trust can give that child the first right to buy, put them in charge, pay them for the work, or leave them a bigger share. You decide that when your trust is written.
You stay in control of a revocable trust while you are alive. The trust itself does not stop you from selling your business.
At The Hive Law, adding your LLC to your trust is one flat fee: $1,250. That moves it into your trust and updates its operating agreement, or sets up a new LLC if you don’t have one. It is added to The Finished Trust, our complete trust package, which is $3,500.
Georgia has no estate tax, on a business or on anything else. In 2026, federal estate tax only applies above $15 million per person.
Look at your estate plan again when something changes: a new partner, a new company, a sale, a marriage or a divorce.
More answers, by question
Find your question. Start with the first guide.
What happens to my business if I die?
Start here: What Happens to My Business?
7 more guidesShow fewer on: What happens to my business if I die?
Who takes over, and what plan do I need?
Start here: What Plan Is Best for Owners?
8 more guidesShow fewer on: Who takes over, and what plan do I need?
What about my company papers?
Start here: How Does My Operating Agreement Help?
4 more guidesShow fewer on: What about my company papers?
What if I have partners?
Start here: I Have Business Partners
5 more guidesShow fewer on: What if I have partners?
What if I get sick or hurt?
Start here: Financial Power of Attorney
1 more guideShow fewer on: What if I get sick or hurt?
What about my type of business?
Start here: I Run My Business Alone
2 more guidesShow fewer on: What about my type of business?
What mistakes should I avoid?
Start here: What Mistakes Do Owners Make?
7 more guidesShow fewer on: What mistakes should I avoid?
Tell us about your business. We’ll tell you the price.
Your first call is free, about 15 minutes, and happens by phone with Shawn. If you move forward, your next step is the Design Meeting with Shawn and Melissa, which is credited toward your plan.
Your first call always gives a price. You’ll know your total and which parts you need. No pressure.