Estate Planning Blog

How to Approach Estate Planning Differently

A new approach to estate planning makes sense to generations focusing on raising children and building careers. It’s driven by the visibility of what happens when there is no planning, explains the article “Why More Families Are Approaching Estate Planning Differently Than Their Parents Did” from Maryland Reporter.com.

Stories shared among friends about families torn apart over inheritance contests, children placed with relatives no one would have chosen and estates consumed by legal fees and taxes are cautionary tales sparking action. At the same time, heirs waiting years for reduced inheritances are cautionary tales sparking action.

Whether you live in Moberly, Missouri or another part of the country, choosing to work with a law firm that focuses on estate planning is part of a successful estate plan. A general practice law firm may not understand the nuances of estate planning or be familiar with ongoing changes to the laws. An experienced estate planning attorney understands how each document in a plan interacts with another, the state-specific rules about what needs to be signed and witnessed to be valid and how assets like jointly held property and retirement accounts are distributed outside of probate.

The saying “you don’t know what you don’t know” is well-suited to estate planning. For example, what happens when a beneficiary designation conflicts with the terms of a will? A family-owned business with no succession structure may have a business attorney. However, will the commercial attorney know how the business interacts with the estate plan? These gaps are invisible until they generate disputes or losses.

Those in their forties and fifties who settled their own parents’ matters when there was no estate plan in place see first-hand how this strained family relationships and how the absence of healthcare directives left doctors making decisions without family input. This generation doesn’t want their own children to face the same situation.

A comprehensive estate plan includes core documents created to complement each other. A last will and testament addresses asset distribution and identifies a guardian for minor children. A durable power of attorney names a designated person to manage financial affairs in case of incapacity. A healthcare proxy names a specific person to make decisions on your behalf, while a healthcare directive clarifies preferences for medical decisions in case you can’t communicate your wishes.

These documents spare loved ones the burden of guessing what your wishes are and give them legal standing to act during a crisis.

If there is no will, state law governs how assets are distributed. The formulas are set in stone, regardless of relationships. An unmarried partner may be evicted from a home, or an estranged relative might inherit everything by default. Accounts lacking a named beneficiary will be frozen until probate runs its course, which depends upon how efficient local courts are and how complex the estate is.

Having an estate plan in place eliminates ambiguity, protects loved ones and replaces chaos with clarity.

Visit our website www.MoTrustLaw.com to get more estate planning information and to subscribe to our complimentary e-newsletter.  Our e-newsletter is designed to provide valuable information to residents of Moberly, Macon, Kirksville, Salisbury, Columbia and surrounding areas.

Reference: MarylandReporter.com (July 13, 2026) “Why More Families Are Approaching Estate Planning Differently Than Their Parents Did”

Why Communities Want Small Businesses to Have a Succession Plan in 2024

Entrepreneurship inspires new business openings every day. Small business owners may not consider succession planning when starting their new business. However, it is an essential step in any venture. Small businesses become a part of the community and make an impact beyond the owner’s livelihood. They add jobs, contribute to the community’s economic health, and become local fixtures for residents.

Based on Teamshares’ article, “Succession planning statistics in 2024: preserving a legacy,” we’re discussing the looming succession plan dilemma, why it’s essential and what it means for your business. As many small business owners without a succession plan set their sights on retirement in the next two years, those employees and their communities may lose wages and a business they love.

What Is the Small Business Succession Plan Dilemma?

Succession planning is ideally on every small business owner’s checklist, leaving a legacy in a family member’s hands once the owner retires. Owners should have a plan ahead of retirement if they become incapacitated or pass away unexpectedly. Succession planning is elemental for small business owners, much like estate planning is for anyone with assets.

Teamshares’ statistics indicate that over 60% of small business owners will retire between 2024 and 2026. Without a plan for family or someone else to lead the company once they retire, the company will likely close. You might be asking, “Why is that important?”

Why Small Business Planning Is Important for Your Company and Community

Small businesses employ nearly half of America’s workforce and contribute to local economies. With most owners retiring without a succession plan, chances are many of those companies will close across the U.S. in the next two years. Not having a succession plan for retirement or, in case of incapacity, could unwittingly be the catalyst for closing your company.

What Succession Planning Today Means for Your Company

Your company is built on hard work, entrepreneurship, and a dream. Having a successor running your business, if you retire or are unable, passes a legacy to family or someone you trust.

Work with an estate or business planning attorney to create a plan that protects you, any employees, your family’s livelihood, and your community. Like an estate plan, legal documents, such as living trusts, can keep your company open and pass on your legacy.

Establish a living trust, appointing a trustee or co-trustees to handle company operations and run the business. Draft financial and medical powers of attorney, empowering trusted agents to manage bill and invoice payments and bank transactions, employee payroll and oversee your healthcare, if you are mentally or physically impaired.

Small Business Succession Planning Dilemma Key Takeaways:

• The Dilemma: Many small business owners will retire through 2026 and don’t have a succession plan to keep the business running.
• Why Succession Planning is Important: Small business owners must create a plan for family or another trusted person to lead the company and continue its legacy.
• What it Means for Your Business: Succession planning protects your business and legacy by empowering a successor after you retire or if you become incapacitated.

Conclusion

Whether you’re creating an exit strategy, empowering family members to take over, or preserving the company’s livelihood in a crisis, a succession plan protects you, your family and community from your company closing. Losses include income, employee wages and resident patronage. Consider a succession plan to empower a successor who will keep your business running.

Reference: Teamshares (Dec 22, 2023) “Succession planning statistics in 2024: preserving a legacy”

Business Owners and Estate Planning: Special Concerns

Estate planning for business owners offers numerous opportunities for lifetime transfers to move value and future appreciation out of the taxable estate. An article from The National Law Review, “Estate Planning for the Business Owner, Part 1: The Business Owner as a New Client,” explains the information an estate planning attorney needs to know when helping a business owner create a plan addressing their business and personal assets.

First, how is the business structured? Is it a partnership or wholly owned by the founder? If it includes real estate, is the real property owned by the business or a separate entity? If more than one legal entity owns the business and its assets, all of those entities need to be considered when creating an estate plan. Some entities also have restrictions on their ownership, so this may need to be examined.

Are the proper business agreements in place already? This includes shareholder and operating agreements between equity owners. If the business is a corporation, are bylaws, limited liability companies, or partnerships in place? These may impact transfers of equity.

When was the last time a business valuation was performed? Income statements and balance sheets must be reviewed to create an estate plan. The estate planning attorney may benefit from meeting with the accountant.

Understanding the cash flow from the business is an integral part of building an estate plan. Does the business owner take a salary? Are net profits disbursed to equity holders at the end of the year, or are they plowed back into the business?

Is the business a new one, a family business passed down from many generations, or is it nearly time for the owner to retire? The stage of the business and projections for its future will have a major impact on the owner’s estate plan.

Finally, is there a succession plan? If there is one, the estate planning attorney will need to review it to ensure that the estate plan dovetails with the plan for the future. If there is no succession plan, this needs to be addressed.

Reference: The National Law Review (April 18, 2024) “Estate Planning for the Business Owner, Part 1: The Business Owner as a New Client”

Why Estate Planning Is Essential for Small Business Owners

Estate planning should be a top priority for anyone who has built and grown a successful small business, especially if they intend to build generational wealth and create a legacy. The title of a recent article from Business Insider says it all: “You might not want to think about estate planning, but as a financial planner, I know it’s essential for small-business owners.”

There are more complex issues for business owners than employees for estate planning. Therefore, be sure to work with an experienced estate planning attorney who will create a plan to protect you, your family and your business. As you go through the process, keep these basics in mind:

Last Will and Testament. This document is the foundation of an estate plan, providing directions to the state probate court regarding your wishes for distributing assets. It also names a guardian responsible for minor children upon your passing. If you don’t have a will, assets are distributed according to your state’s intestacy laws, typically based on kinship. You can update and change your will throughout your lifetime, and it should be reviewed every three to five years.

Revocable Living Trust. Having a revocable living trust gives you more control over assets, which could be necessary to distribute business assets. A revocable living trust can be altered while you are living, so changes in your business can be reflected in the directions in the trust.

Financial Power of Attorney. This document is critical if you are the business owner who performs most of the financial tasks of your business. When a business owner becomes incapacitated, having someone named Power of Attorney gives the POA the ability to pay bills, make bank deposits and withdrawals, file business and personal taxes and make any other financial decisions you wish. POA can be limited if you only want someone to pay bills, or they can be broad, allowing the agent to do anything you would do to keep the business running while you are incapacitated. Your estate planning attorney can craft a POA to suit your needs.

Business Succession Plan. A business succession plan should be in place as soon as your business gains traction and becomes successful. Distributing shares of the business after you pass is fine. However, what if your heirs don’t have a clue how the business works? Do you want them to sell it after you pass or maintain it for the next generation? A succession plan requires the help of an estate planning attorney, CPA and financial professionals to create a management team, define roles, set performance guidelines, etc.

Digital Estate Plan. We spend so much time online. However, few have plans for our digital assets. If your business is online, has a website, and uses social media, online finances, and cell phones, you need a digital estate plan to identify assets and provide instructions on what you want to be done with those assets after you have passed.

Review Beneficiary Designations. Any account that can name a beneficiary, such as retirement plans, investment accounts, or life insurance policies, must be reviewed every few years or whenever a trigger event, including birth, death, divorce, or remarriage. Upon your passing, these assets will be passed directly to the beneficiary. Be sure the person you named twenty years ago on your life insurance policy is still the right person to receive proceeds upon your passing.

An experienced estate planning attorney can review your current estate plan to ensure that it covers all bases for you and your business.

Reference: Business Insider (March 22, 2024) “You might not want to think about estate planning, but as a financial planner, I know it’s essential for small-business owners”