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Every Business Owner Should Consider Estate Tax Planning Before Selling a Business

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Last Updated: Aug 24, 2026

Read Time: 3 mins

https://www.youtube.com/vU8IvaMsd45g

If you’re in your 20s, 90s, or somewhere in between and know that you have a liquidity event on the horizon, you need to start thinking about your estate plan now to be able to shield assets effectively.

I have quite a few videos focused on the changes in estate tax set to go into effect in 2026, how that impacts people, and how it affects business owners. One critical aspect for business owners to consider is their succession plan—not just related to what happens when they pass away, but also for the business owner who will go through a liquidity event well before that time. This could be a business owner in their 20s, 30s, or 40s, who likely has a lot of life ahead of them, or someone in their 60s, 70s, or 80s, who may not be close to passing away. No one knows when they’ll pass, but the point is that for the pre-liquid business owner with a sale in mind—whether it’s a complete or partial liquidity event—you really need to start estate tax planning and trust planning now.

It’s essential to get assets out of your individual name and into trust, whether it’s for your benefit, your family’s benefit, or the benefit of key employees, or whoever it may be. This planning is crucial for shielding assets from transfer taxes when you eventually pass away. Often, when people think about a liquidity event, they focus on how to maximize the transaction’s value. They might shift their focus away from running the business and instead concentrate on what they’ll do once they receive a large payday. However, they may not be as tax-efficient as they should be. They might focus on the income tax aspect but overlook long-term estate tax implications.

For a business owner, it’s necessary to figure out how to provide liquidity to pay for estate taxes, which often leads to the business being sold after the owner dies. Along with the estate tax, there will also be capital gains on whatever you sell to come up with the liquidity to pay for the estate tax. So, whether you’re 20, 90, or somewhere in between, if you know you have a liquidity event coming up, you need to think about your estate plan now. This will help you shield assets from estate tax, minimize income tax liability or capital gains tax, and address a critical asset protection component in the trust planning process that is often missed and not discussed enough.

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Angélique Pfab Green
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Stuart Green is incredibly knowledgeable and clearly operates at a very high level. His approach to estate planning and wealth strategy is thoughtful, modern, and well beyond the traditional. You can tell he genuinely cares about helping people protect what they’ve built. Truly impressive work and reputation.
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Maria Cardenas Anderson
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I had an excellent experience working with Stuart Green on my trust and will documents. From start to finish, he was incredibly responsive, patient, and thorough. He took the time to explain everything clearly, ensuring I fully understood each step of the process. Even after the trust was complete, he guided me on what still needed to be done — something I really appreciated. Stuart’s professionalism and kind demeanor made what could have been an overwhelming experience so much easier. I felt informed and supported every step of the way. I would highly recommend him to anyone looking for a knowledgeable and attentive probate lawyer. Thank you, Stuart!
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Stuart is outstanding! We have been so impressed with his knowledge.
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Stuart Green is an exceptional estate attorney. He handled my father's living will and then his estate after his passing, as well as helping my mother finalize and complete her estate in conjunction with my father's death. Currently, he is handling the living will and estate planning for me and my wife and our family. I highly recommend him and his integrity of work.
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My experience with Stuart Green Law was a 10/10. They were professional and efficient, resolving my case quickly. I highly recommend them!
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Great guy - honest businessman. Has been very helpful for me in providing feedback and input from a law perspective on employment and legal agreements in my personal and professional life. Would heartily recommend Stuart to others!
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I have worked with Mr. Green for awhile now and can't recommend him highly enough. He is professional and and timely with his responses to my questions. I really appreciate how he helps me understand the plan for my estate. I look forward to continuing to work with him.
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I’ve learned a great deal from Stuart on the foundational aspects of estate planning, legacy planning and asset protection. Having had the privilege to work alongside Stuart, I can also say that he is a top tier counselor and focused on aligning his client’s personal goals with their long term objectives and wishes.
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Incredible person to know and be associated with. Stuart provides excellent services, that is undeniable. However you will be hard pressed to find another attorney with a truer moral compass.
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