05/14/2026
As a Small Business Owner, Do You Need a Will or a Trust?
By Kathy Bazan, Certified Small Business Counselor
Every small business owner needs to look ahead and plan.
The day you open the doors of your small business should also be the day you take the steps to protect your family and your business IF you become incapacitated or if you pass on.
Let’s look wills and trusts, two of the documents you need to protect your family to make sure your assets are distributed the way you wish.
The basics of these two documents:
• Last Will and Testament:
o Appoints a guardian to care for any of your children or dependents under the age of 18;
o Appoints an executor of the estate;
o Names your beneficiaries;
o Allows you to make charitable contributions;
o Specifies how your assets and possessions are distributed to your beneficiaries.
o Often, retirement accounts and life insurance policies aren’t covered by your will; these assets pass directly to the beneficiaries you name.
o A will becomes active after you die.
o A will is a public document filed with the courts and available for anyone to peruse.
• Revocable Living Trust:
o A trust is active while you are still alive and determines how your estate is handled if you become incapacitated AND governs the distribution of your estate after your pass.
o A trust avoids your estate being processed through probate—a legal process which has costs and takes longer than processing a trust.
o A trust is private and your heirs are not required to release it to the public.
Is there more than one type of trust? Yes. We’ll dive into that in a later post.
We are not lawyers so we are not offering legal advice.
Depending on your situation and size of your estate, you might need one of these or both of these. Check with an estate planning attorney in your city to find out what you need to do to protect your beneficiaries.
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