Ownership and Control of Family Business After Owner’s Death

Ownership and Control of Family Business After Owner’s Death

Episode 58 of the Legacy Planning, Once Removed podcast series hosted by Steve Murphy, former leader of McGuireWoods’ Private Wealth Services Practice Group. A prior episode looked at estates that feature a key asset, such as a family business, which owners hope to pass along to the next generation as a source of family wealth, stability, unity and identity. Unfortunately, in many cases the transfer of a business can lead to the opposite: tension, dispute, and sometimes the break-up of the company or even the family. This episode explores the source of those tensions and provides strategies for an owner or founder to implement a business succession plan to address potential problems before they arise.

Estate Tax Planning for the Family Business

In many cases, an estate plan features a prominent asset such as a family business, which many owners hope to pass on to the next generation. But statistics reveal that few family businesses survive to the next generation. One particular obstacle to this succession plan is the estate tax that would be due on the owner’s interest upon death. This estate tax liability causes a need for cash that could force a sale of the business. This episode explores a few strategies that could be used to manage this estate tax liability upon the owner’s death. These strategies, if properly planned and implemented, could provide a means of managing, reducing or, perhaps, even eliminating that estate tax liability.

‘Trust Reveal’ — An Intriguing Concept

The concept of a “trust reveal” — a dramatic family meeting at which wealthy parents or grandparents disclose the full scope of trusts and estate structures to beneficiaries — has gained attention as a trending approach to intergenerational wealth transfer. This episode cautions against treating the estate plan as a single dramatic unveiling. This conversation explores a more measured alternative: sharing information in deliberate stages over time, from instilling family values in young children to discussing financial concepts with young adults, before eventually revealing fuller details about trust structures and distributions. Such an approach ensures beneficiaries are prepared, not overwhelmed, when they learn the complete picture.

Estate Planning as Spring Cleaning

Estate planning can feel overwhelming, but the concept of spring cleaning offers a practical framework for staying on top of your plan with low pressure and specific, achievable goals. This episode outlines four key tasks for an estate plan review: updating a chart of assets with ownership and beneficiary information, locating and organizing essential documents (wills, trusts, powers of attorney, healthcare directives), confirming that named decision makers still reflect your wishes, and opening communication with family members about legacy topics.

Filling Out Beneficiary Designations and Payable-on-Death Designations

A key element of any estate plan is the completion of beneficiary designations and payable-on-death designations for assets. These documents may look routine, but they control who receives certain accounts. This episode discusses issues to consider when filling out these designations, and provides some guidance and potential pitfalls.