Business Owner Planning

Operating Agreement and Bylaws Review

Your operating agreement or corporate bylaws were likely drafted without your estate plan in mind. That gap creates problems for your family and your business.

Entity Documents and Estate Plans Must Work Together

Georgia business owners often have an LLC operating agreement or corporate bylaws drafted at formation and never revisited. By the time an estate plan is added, the two documents may contradict each other — blocking trust transfers, leaving management succession unclear, or defaulting to state law outcomes nobody intended.

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How It Works

1

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.

2

Melissa Designs Your Plan

She builds your estate plan from scratch based on your specific assets and family. You get an exact quote before you commit to anything.

3

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.

4

Your Plan Is Complete

Melissa delivers your completed documents and explains exactly what your family needs to do. You leave knowing your plan is in place and your family is protected.

Melissa Breyer

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 every plan at The Hive Law and handles every client consultation herself. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.

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What Our Clients Say

Frequently Asked Questions

An operating agreement governs an LLC and its members. Corporate bylaws govern a corporation and its shareholders and directors. Both serve similar functions — they define how the entity operates, how ownership transfers, and what happens at major transitions — but the legal structure and terminology differ.

Yes, with some important limitations. A standard C corporation can be owned by a trust without restriction. An S corporation has specific trust eligibility rules — not all trusts qualify as S corporation shareholders. If your corporation is an S corporation, the trust needs to meet specific IRS requirements. We review this before any transfer.

Probably. Most operating agreements were not drafted with a trust as the anticipated member. The agreement may restrict transfers, require unanimous consent for a trust to become a member, or not address what authority the trustee has once membership is transferred. We identify and resolve those issues.

If the operating agreement is silent on death, Georgia’s LLC Act defaults apply — which may require dissolution, a buyout process, or court involvement depending on how the company was structured. For incapacity, without successor manager language, no one has clear authority to act on behalf of the incapacitated member without a court proceeding.

Stop carrying this around.

A conversation with Shawn. You'll walk away knowing what your family needs and what it costs. That's it.

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