Holistic Estate Planning - Designing Legacies
Family
Governance
In the early years of my work with family businesses, I was often asked to resolve major conflicts
among siblings or cousins who had recently inherited the family business. The
estate plan went into effect, and litigation was on the horizon. I was asked by
the estate planning attorneys to mediate a family solution to avoid a costly
court battle and the inevitable fracturing of the family.
In fact, the opening story in our book Love, Power, and
Money is based on a composite of several real cases where the siblings had
reached an impasse and could not agree on the future of the business based on
conflicting needs, divergent strategies, and very different assessments of who
should be President.
Unfortunately, too many estate plans are designed without
any input from the beneficiaries of the plan. Do the siblings working in the
business really want to be business partners? Do they share a common
vision? How about the inactive
siblings? And what will be perceived to be fair?
Based on these early experiences resolving conflicts among
shareholders, I found a better way -- a holistic way -- to deal with estate
planning issues.
Why not "mediate" the estate plan before the final
draft is written?
Why not invite the adult family - the parents and the adult
siblings - to discuss their goals and objectives and then design a plan for the
future that makes sense for the whole family as well as the needs of the
ongoing business? By discussing
potential conflicts in advance and finding common agreed upon solutions now, we
minimize the risk of future conflicts and a catastrophe in family relationships.
Holistic planning not only addresses the transition of
tangible assets and business interests, but has the advantage of also
addressing the "soft-side" issues of family culture, values and the
family's legacy. We explore diverse
family perspectives on issues involving individual needs, family values,
business objectives, and the ownership and governance design for the
future. We provide a framework -- what
we call "Designing Legacies" -- for a discussion among all
generations of the family about the future and how that future should be
designed to meet the goals and objectives of the both the family and the
business.
To learn more about our holistic approach to "Designing
Legacies", click here.
To read an in depth article on Holistic Estate
Planning, please click here.
Please call us at Dean Fowler Associates 262-789-7367 to discuss Holistic Estate Planning or email us by clicking here.
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