Business Owner Planning

Transferring Business Interests Into a Trust

Your revocable living trust can own your LLC membership interests or corporate stock. Without this transfer, your business ownership goes through probate.

Business Ownership That Is Not in Your Trust Will Go Through Probate

Georgia business owners who have a revocable living trust but never transferred their business interests into it have an unfunded trust — and a probate problem. Business ownership interests are assets that must be specifically transferred to the trust, just like real estate.

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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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Frequently Asked Questions

Yes. A revocable living trust can own LLC membership interests and, with some restrictions, corporate stock. During your lifetime, you remain the trustee and exercise all ownership and management rights. The trust structure simply ensures that at your death, ownership transfers to your beneficiaries without probate.

No. Transferring LLC membership interests to a revocable trust does not change the LLC’s legal structure or affect its liability shield. The LLC remains a separate legal entity. Only the ownership of the membership interests changes — from you personally to you as trustee.

Some operating agreements contain broad transfer restrictions that were intended to prevent third-party sales but inadvertently block trust transfers. We review your operating agreement before any transfer and amend the relevant provisions if needed. This is a common issue that is straightforward to fix.

It depends on your operating agreement. Some agreements require notice or consent for any membership interest transfer, including transfers to a trust. Others specifically exempt revocable trust transfers from consent requirements. We review your agreement before the transfer and advise on the appropriate process.

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