Your Estate Plan Should Cover Your Business — Not Just Your Family
Most estate planning attorneys treat business owners like everyone else. I don't. If you own a company, your will and your operating agreement need to work together — and most plans I've reviewed leave a gap between the two.
Florida Doesn't Wait for You to Have a Plan
In Florida, dying without a will means the state's intestate succession statute decides who gets your assets. That includes your business. Your ownership interest could pass to a spouse, a child, or a sibling who has no role in the company and no idea how to run it. The business you spent years building becomes a legal problem for the people you leave behind.
Every week without an estate plan is a week your family is one unexpected event away from that outcome.
Estate Planning Built Around Business Owners
I've spent 30 years working exclusively with small business owners in Florida. That shapes how I approach estate planning. A personal estate plan that doesn't account for business succession, buy-sell provisions, and operating agreement terms isn't a complete plan — it's a document that handles half the problem.
When I draft your estate plan, I look at the full picture:
How your business ownership is structured and who would inherit it
Whether your operating agreement conflicts with your estate documents
Whether a buy-sell agreement is in place and how it coordinates with your will or trust
How your personal assets are titled and which ones would go through probate
What happens to your business income and obligations during estate administration
If you've already worked with me on business formation or general counsel, your estate plan builds directly on what we've already put in place.
A Will and a Trust Solve Different Problems
One of the most common questions I hear is whether someone needs a trust or whether a will is enough. The honest answer is: it depends on how your assets are held.
A will controls what happens to assets that go through your estate at death. But assets that pass through a will go through probate — a public court process in Florida that typically takes six to twelve months. A properly funded revocable living trust bypasses probate entirely, keeps the distribution of your assets private, and gives your family a faster, cleaner path forward.
For business owners, the stakes are higher. Probate can freeze or complicate business operations during administration. A trust structure, coordinated with your operating agreement and any buy-sell provisions, can keep the business moving while the estate is resolved.
I'll tell you plainly which documents you need and why — not what generates the most billable work.
The Documents in a Complete Florida Estate Plan
Wills
A last will and testament directs how your probate assets are distributed, names a personal representative to administer your estate, and — if you have minor children — designates a guardian. It is the foundation of any estate plan, but it is rarely sufficient on its own for a business owner.
Learn About Wills
Trusts
A revocable living trust holds your assets during your lifetime and distributes them at death without going through probate. For business owners, a trust can also provide continuity provisions that keep operations stable during estate administration. Funding the trust correctly is as important as drafting it.
Learn About Trusts
Preneed Documents
Florida preneed documents — including a durable power of attorney, healthcare surrogate designation, and living will — govern what happens if you become incapacitated before death. Without them, a court may need to appoint a guardian to make decisions for you, which is a costly and avoidable process.
Learn About Preneed Documents
Flat-Fee Estate Planning — Priced Before You Commit
I publish my fees openly. You'll know what your estate plan costs before we begin, not after. If the price isn't right for you, that's fine — but you won't be surprised by a bill after the work is done.
See Fees & Pricing
Serving Business Owners in Brandon and Across the Tampa Bay Region
My office is in Brandon, FL, and I work with clients throughout Hillsborough County and the surrounding region. I also handle estate planning remotely for Florida residents who prefer not to come in person — the process works either way.
If you're in Riverview, Valrico, Temple Terrace, Apollo Beach, or Sun City Center, I serve clients throughout the eastern Hillsborough corridor and beyond.
Common Questions About Estate Planning in Florida
What is included in a basic estate plan in Florida?
A basic Florida estate plan typically includes a last will and testament, a durable power of attorney, a healthcare surrogate designation, and a living will. For business owners, I also review operating agreements and buy-sell provisions to make sure the business ownership is addressed — not just personal assets.
Do I need a trust or just a will?
A will is sufficient if your goal is simply to direct how your assets are distributed. But a will puts your estate through probate — a public court process that takes six to twelve months in Florida. A revocable living trust bypasses probate, keeps your affairs private, and is often the better choice for business owners who need continuity provisions in place.
How much does estate planning cost in Florida?
See Fees & PricingMy fees are flat and published on the site before you book anything. The cost depends on the complexity of your situation — whether you need a will only, a full trust package, or a coordinated business and estate plan. You'll know the number before we begin.
What happens to my business when I die?
If you have no estate plan, your business ownership passes according to Florida's intestate succession statute — typically to a spouse or children, regardless of whether they have any role in the company. If your operating agreement doesn't address this, it can trigger a forced buyout, a dissolution dispute, or a management crisis. A properly structured estate plan, coordinated with your operating agreement and any buy-sell agreement, determines exactly who gets the business and on what terms.
What is a Florida preneed declaration?
A Florida preneed declaration — also called a living will — is a document that states your wishes regarding life-prolonging treatment if you become incapacitated and cannot communicate. It works alongside a healthcare surrogate designation, which names the person authorized to make medical decisions on your behalf. These documents are separate from your will and take effect during your lifetime, not at death.
Ready to Put a Plan in Place?
Most business owners put estate planning off because it feels complicated or distant. It isn't complicated when you work with someone who has done it for 30 years — and the cost of waiting is real. Schedule a consultation and we'll map out exactly what you need.