You might not want to think about estate planning, but as a financial planner, I know it's essential for small-business owners

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• Estate planning may not be a topic you want to think about, but it's essential for small-business owners.
• Besides a will, you may also benefit from setting up a revocable living trust.
• Be sure to update things like beneficiary designations if you have a major life event.

Estate planning is a very sensitive, emotional topic, but as a financial planner, I believe it's essential to discuss. Estate planning should be a top priority — especially for Black business owners seeking to build generational wealth and preserve their legacies. Your business, likely your most valuable asset, deserves careful consideration within your estate plan to ensure a smooth transition of ownership and management in the event of incapacity or death.

As a business owner, there are more complexities and nuances to consider as it relates to estate planning. Therefore, it is critical to work with a qualified estate planning attorney who can help you create an estate plan that protects you, your business, and your heirs. As you navigate the estate planning process, consider these important items tailored to small business owners.

1. Last will and testament

One of the fundamental pieces to an effective estate plan is the last will and testament. This legal document is inexpensive and simple to set up.

This document serves as your voice beyond the grave, providing instructions to the state probate court regarding the distribution of your assets and the care of your dependents upon your passing. Without a will, your assets will be distributed according to state inheritance laws, which may not align with your wishes. In addition to personal assets, you may include business assets in your will.

A will may be amended during your lifetime and should be reviewed periodically, especially after major life events.

One thing to note is that a will does not avoid the probate process. While it provides guidance for asset distribution, your estate will still go through probate.

2. Revocable living trust

Establishing a revocable living trust is more complex and expensive than a will. Nevertheless, the advantages a living trust offers, especially for business owners, make it very attractive.

As a business owner, it is likely that most of your assets are tied to your business. A revocable living trust provides you with more control over these assets. Through a trust, you can appoint a trustee and provide them with specific instructions on how and when you want your business assets distributed. Moreover, you retain the flexibility and control to transfer assets into the trust and modify its terms during your lifetime.

One significant advantage of a trust is the protection it affords your assets from the probate process. By bypassing probate court proceedings, your estate information remains private, and your heirs save considerable time and money.

It is always a great idea to regularly update the assets in your living trust, as your business assets will change as your business grows over time.

3. Financial power of attorney

In most cases, as a small business owner, you are your business. If you become incapacitated, you want to ensure that you have someone you trust to handle your financial affairs. It is essential that you do not delay this task, as you must be legally competent to assign this role to someone. A financial power of attorney is a legal document that authorizes your selected agent to act on your behalf regarding certain financial matters of your choosing. Some of these matters may include:

• Paying your business bills
• Making business bank deposits and withdrawals
• Collecting and managing your self-employed retirement benefits
• Filing your business and personal taxes

There are different types of financial power of attorney that will determine how much power your agent holds and when their responsibilities take effect.

4. Succession plan

It is one thing to decide on how you want your business interests and assets to be distributed to your heirs. However, it is also critical to have an exit strategy for what happens to your business if you die or are incapacitated. Who do you want to run your business in your absence? Or do you want someone to be in charge of selling your business for a fair price?

Without an effective succession plan, your heirs may be forced to undersell your business, undermining all your hard work. An established succession plan will provide guidance on how to manage, sell, or pass on your business to new owners.

When developing your business succession plan, it is critical to work with a team of attorneys and CPAs. Not working with experienced professionals could create a significant tax bill for your heirs, eating into their inheritance.

Life happens, so make sure that you start working on your succession plan now.

5. Digital estate planning document

A common blind spot in estate planning is the digital asset space. So much of our lives are digital, but we often do not consider what happens to our digital assets if we were no longer here to manage them. As a small-business owner, it is critical to create a plan for your digital assets after you are gone to prevent any financial and sentimental harm.

The first step is to create a list of all the digital assets that you own. Some examples include email accounts, social media accounts, bank accounts, credit card accounts, and cellphones.

Digital estate planning will make it easier for your heirs to access your digital assets as needed. For example, there may be unpaid business invoices or bills that need to be taken care of.

I recommend that you consult with an attorney, as laws and regulations surrounding data and digital assets are constantly evolving.

6. Reviewing beneficiary designations

Most assets should be included in a will or trust to ensure these assets are distributed the way you want. An exception to this is any account where you are allowed to designate a beneficiary.

Example accounts include retirement plans, investment accounts, bank accounts, health savings accounts, UGMA or UTMA custodial accounts, and life insurance policies. These accounts will bypass probate and go directly to the beneficiaries listed on the account.

Typically, you are allowed to designate a primary and secondary beneficiary. In addition, you are allowed to make changes to these designations at any point. It is a good idea to reevaluate your designations after major life events.

7. Life insurance for estate liquidity

As mentioned above, life insurance proceeds avoid probate because of the beneficiary designations listed within the accounts.

Life insurance is designed to fill in financial gaps for your heirs. This is especially important for a business owner. There may be unpaid debts, payroll, or operating costs that need to be paid. Life insurance proceeds will help ease the pain of your heirs while they devote their time to sorting out other details.