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Get Your Questions Answered – Call Me To Schedule Your 30 Minute Phone Consultation (719) 985-8192

  • By: Tammy Akers, Esq.
  • Published: November 4, 2024
Professionals with attorney discussing succession planning for a family-owned business

Why Is Business Succession Planning Important For Family-Owned Businesses?

Business succession planning is vital for family-owned businesses because, without it, significant assets may need to be sold upon the death of the business founders to pay taxes and settle claims. Succession planning ensures the continuity of the business through these transitions, preserving the founders’ legacy and maintaining family ownership through it all.

Typically, this planning involves using life insurance, specifically key person’s life insurance, on key individuals within the business. This insurance provides the necessary funds to cover potential liabilities and estate taxes, allowing the business to continue operating without the need to liquidate personal or business assets.

What Are The Unique Challenges Of Succession Planning In Family-Owned Businesses?

Succession planning in family-owned businesses presents unique challenges, primarily due to the dynamics and relationships within the family. One major challenge is deciding which heir or child will take charge of the business. This decision can be perceived as favoritism and may lead to family tensions. 

Moreover, not all heirs may be interested in or capable of managing the business. Some may lack the necessary skills in management and financial matters, making them unsuitable for leadership roles. Family-owned businesses do well to identify those who are both willing and able to take on the responsibilities, ensuring the business’s continued success. 

Open communication and clear, fair decision-making processes are vital to address these challenges and go far in maintaining harmony within the family while maintaining the business’s success and continuity into the future.

What Are Some Common Pitfalls In Family Business Succession Planning?

The biggest mistake that people make is not getting their plan reviewed regularly, ideally every three to five years. Situations can change: the company may need additional insurance, might have taken on more liabilities, or the person selected to run the business may no longer be the right fit, for example. Some solutions to these pitfalls include:

  • Regularly reviewing succession plans
  • Updating insurance policies to match the current needs and liabilities
  • Regularly assessing whether the designated successor is still the best choice and make changes if necessary.

Before Meeting With An Estate Planning Attorney

Make sure to talk to the people you are considering as fiduciaries, such as guardians for your kids, trustees for your trust, or the person who will run the family business. Make sure they are willing and capable of taking on these roles.

Being a personal representative or guardian involves a significant commitment and can be a lot of work, which many people may not necessarily realize. Ensure they understand the responsibilities and are prepared to integrate these duties into their lives, especially if they will be a guardian of a child.

These conversations are fundamental to the health of whatever it is your fiduciary will be overseeing, and the consequences of them simply cannot be left to chance.

Still Have Questions? Ready To Get Started?

For more information on Business Succession In Family-Owned Businesses, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (719) 985-8192 today.

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