Family Inheritance

While few people actually relish thinking about the details of the inheritance they will leave their family when they die, most do spend at least some time wondering how to make sure that things will go well among their heirs.

We’ve all heard of families where relationships were harmed, sometimes beyond repair, as the result of how this important question was dealt with. If you do not want to be one of THOSE families, please read on.

Also note that these are five things everyone should know and understand, but that doesn’t make them an exhaustive list of important considerations, or even a “top 5 list” for every family situation. This blog should never substitute for legal advice for your unique family situation.

 

  1. Big or Small, the same issues arise

You don’t have to have a net worth in the gazillions to be affected by the potential negative fallout from poor decisions in this area.

Siblings have been known to never speak to each other again as the result of parental decisions that were made that surprised everyone, even in cases where the inheritance barely covered the cost of the funeral.

Rule 1: Don’t assume that there isn’t enough to worry about

 

  1. A WILL is Key

It should go without saying that every adult needs a will. Unfortunately, statistics show that many do not.

Many people who don’t likely assume that they have plenty of time to take care of it, you know, “later”. There are cemetaries full of people who guessed wrong on the question of exactly when they were going to die.

You need a will, and it really should be current. A good rule of thumb is to review it every five years.

Rule 2: Make sure you have a legal will, no excuses!

 

  1. A Will is NOT Enough

Now if you have your will in place and are thinking you are in the clear, well, sorry, we still have (at least) 3 more items here!

You have decided to leave certain assets to certain people in a certain way, and it’s all written up legally in a will. Here is the important question: do the people who will inherit your assets KNOW what they will be inheriting?

At least some form of basic communication is absolutely essential. If you haven’t already done so, please make sure that everyone understands what is going to happen. If you can let them all know together, at the same time, even better.

Letting them assume, and having different people understand different versions of it is a sure recipe for trouble.

Rule 3: Your heirs should know what is coming

 

  1. “Pre-Mediation” Can Make Sense

When a dispute goes into mediation, parties are brought together, and along with a neutral third party, they examine everyone’s interests and work towards a satisfactory conclusion.

The idea of pre-mediating is to put the scenario on the table with the parties before it actually comes into play.

The main point is that if you leave things to your heirs in the way you planned, AND that will cause problems after you are gone, why would you not want to re-adjust while you still can?

If this idea scares you, then that is a sign that yours is actually precisely the kind of situation that could most benefit from this.

Rule 4: Play out the details while you still can

 

5 “Surprise” is NOT a Good Thing 

I have heard Tom Deans (author of Willing Wisdom) speak several times. He describes the sound that many lawyers tell him they’ve heard from at least one surprised heir at the reading of many a will.

It is difficult to convey in writing, but imagine a gasp with an audible “aaargh” or “euhhhh”.

That surprised sound from any of your heirs is NOT what you should be going for.

Rule 5: Let your family grieve and celebrate your life, not shake their heads in disbelief.

 

If you know someone who should be thinking about these questions but may have been avoiding them, please feel free to forward this to them. You will both be glad you did.

 

The start icon. Start symbol. Flat Vector illustration

Most of us usually have a pretty good idea of “what to do” in situations, and we think about our motivations to clarify the “why” as well. Today’s post is going to look at the “how and when”, and getting started on the important steps in generational transitions.

Timing can so often be crucial in life; how often have you either just been “in the right place at the right time”, or just missed an opportunity because an open door suddenly shut? Of course there are also occasions when we are too early as well.

For every “early bird” who gets the worm, there is a “second mouse” that gets the cheese. My bias is to move early, and I know that if anyone could ever convince me to try parachuting, I would likely pull the cord too early rather than too late.

In a business family, there is often a desire to have the hard work of a generation carry on into the next, and hopefully to subsequent generations as well.

One of my favourite expressions is “things don’t just happen by themselves”, and maybe that’s because working with these types of families has underscored the importance of taking action.

Inter-generational transitions are complex matters. The more people involved and the larger the asset base in question, the trickier things get. The more complex things are, the longer it will take to get things right.

So the “what” in this case is preparing the inter-generational transition, the “why” is because we want our hard work to benefit future generations of our family, and the “when” is, well, whenever I get around to it (!?).

Hopefully you caught the problem in the previous sentence.

As mentioned above, my bias is that it’s better to start too soon than too late. Complexity can slow things down more than you can ever imagine, and when important questions come up, and they always do, more time to get things right is very helpful.

When is the right time to start?

Sometimes you just know, and sometimes you need a push. Divine inspiration is not always forthcoming.

The two main generations, let’s call them NowGen and NextGen, don’t always see eye to eye on the timing.

In many cases the NextGen pushes for action but is met with resistance by the NowGen, but it can also be some variation of the reverse situation. Sometimes the NowGen is met with disinterest from the rising generation.

The biggest causes of delaying action on these key matters are: fear of conflict, fear of mortality, not knowing how to begin, not having anyone in charge of the process, and being too busy with more urgent matters.

Fear of Conflict

“We can’t talk about that, because it will cause a rift”. If that is your case, are you assuming that the underlying issue will just go away, or that the kids will figure it out after you’re gone?

Better to talk about it and smooth over any potential conflict while we can still modify whatever we have planned and explain all decisions. If you suspect conflict, getting out in front of it is better than the ostrich approach.

Mortality

Talking about sex never got anyone pregnant, and talking about money never made anyone rich, so talking about your eventual death is not going to kill you either.

Get over it. If you are equating your exit from certain roles in your business with your death, that is another issue, and there are ways to deal with that too.

How/Where to Begin

Start talking about the subject and ask questions of other family members to get their ideas about what the future might look like when the next generation is in charge. Listen, and then ask more questions, and listen some more.

Who’s in Charge?

If you are reading this and liking what you see, then please go and take charge of the process. Then bring someone in from the outside who will help keep you on track.

Too Busy Putting Out Fires

Not everything that seems “urgent” is that important. Prioritize, delegate. Learn to work on what is truly important to the big picture.

You probably should have started a while ago, so get moving already.

 

 

Twin sisters riding horses in the sunset by the sea on the island of Ada Bojana, Montenegro

While attending the annual conference of the Family Firm Institute in Miami, one of of the breakout sessions contained a kind of A-Ha moment for me.

It was not a “knock your socks off” A-Ha, but enough to stimulate a blog post, which may not be a very high hurdle, considering I write one of these posts every week. Alas, it contained a “juicy tidbit” that struck me as worth pursuing here.

Now an FFI conference will always feature several well-known family business experts sharing their thoughts, but my little A-Ha occurred during a session where the presenter was relatively unknown, as he was not a FamBiz guy, but a branding expert.

It was Paul Bay, an L.A. Dodgers fan from London (!), which I learned at the opening cocktail the evening before his presentation. His typical get-up includes a three-piece suit and a pair of sneakers. I guess that’s part of his brand, and it was working for him.

 

A Branding A-Ha?

If you’re hoping my A-Ha had to do with branding, you’ll be disappointed, because that wasn’t it. It was all about the harness. The harness? Well actually, the verb, “(to) harness”.

As I write this, I am trying to recall how the slide with the word “harness” at the top actually fit into his branding talk, and I am at a loss. I did, however, take a picture of the slide in response to my internal A-Ha.

Down the left side of the Powerpoint slide were the words “Guide, Direct, Govern, Constrain, Control, Hold Back”.

On the right-hand side were “Involve, Collaborate, Gain, Be Guided, Be Inspired, Be Directed”.

This was the first time that I ever thought about the fact that there are two sides to the harness coin. (Insert “A-Ha” here)

 

Harnessing in the FamBiz

When you think about the “NextGen” in a family business, the way the family looks at what they are harnessing, and why they are trying to harness it, you can easily see that it can go both ways. How they harness it becomes key.

The positive side of harnessing, “involving, collaborating, gaining, etc.” looks at ways that the family can take the talents and inputs of the rising generation and put them to positive use, to grow the family capital and the strengths of the business.

On the other end of the spectrum, “constrain, control, hold back, etc.” you have a host of actions that unfortunately also occur in too many family businesses.

 

Wild Horses on my Mind

So I began thinking about wild horses and what it must have been like when the first brave souls came upon them and were motivated to try to harness them.

Horses, even wild ones, do not seem the type of animal that would need to be harnessed to dampen any negatives of their behaviour. I can only imagine that the power and strength they exhibited was seen as worth the trouble and danger of attempting to harness them in the first place.

So if you have a business family, and there is a rising generation that is coming of age, how are you looking at harnessing what they can bring to the table?

 

Horses with Potential and Passion

Some horses are easier to harness than others, and I can only imagine that those who are identified as having great potential will often be those for whom the time and effort are the most worthwhile.

Few of us have the skills of a Dr. Doolittle, to actually speak “horse” to find out just what a particular equine has a passion for (Math? 2 + 1 = Clop, clop, clop! Good girl, here’s a carrot.)

 

Questions and Conversations

Every parent actually speaks a language that their children understand, but not enough of them will take the time and make the effort to have the conversations (plural) necessary to ask the important questions, like:

  • Do you have a passion to contribute to the business?
  • Do you have a passion to contribute to the family?
  • What human capital do you already have, and what are you prepared to develop, to contribute?
  • Is there a “harness” that fits you so comfortably that you will feel happy and motivated to wear it proudly?

THEIR passion is the key to good harnessing.

 

 

 

Two Kinds of People

There are two kinds of people in the world, those who don’t mind getting dirty, and others who would rather just stay clean.

That’s an oversimplification, but let’s just roll with it. If forced to classify myself as one or the other, I am quite OK with being in the dirty group.

This week I was involved in organising an annual fundraising dinner at a non-profit where I have been volunteering for the past seven years.

During the evening, I had the pleasure of presenting an award to someone I have worked closely with from my first day there.

 

Dirty versus Clean

The award was named for a colleague volunteer of ours who passed away last year. The three of us had spent many a Thursday afternoon getting dirty together, distributing food in the organisation’s food bank.

It struck me that few of our fundraiser “committee people” or those who attend our evening events ever actually see the day-to-day workings of this community charity, much less get involved “on the ground floor”.

Likewise the people who come and volunteer in various capacities during the day are not those who typically come out for the evening events.

There are exceptions, but in general there are the “blue collar” types who don’t mind getting dirty, and “white collar” types who prefer to stay clean. One group contributes time and effort on the ground, the other supplies donations and connections at a higher level.

 

We need both types

Everyone who helps out is needed and appreciated, I’m not making judgements here, and all contributions are welcomed and gratefully received. My point is that most people feel at home in one group, but not both.

Likewise, in the realm of family wealth, advisors who work with legacy families exhibit a similar dichotomy, but from a slightly different angle.

Some work directly with the family members, while other professionals work in other specialized fields and bring particular expertise to the table for those families, but don’t typically meet all family members.

 

Content versus Process

On the content side, lawyers draw up shareholder agreements, insurance specialists create the best combination of policies to take care of tax liabilities, and advisors craft perfect estate plans, yet seldom interact with the actual family members whom they ultimately serve.

On the process side, we understand family dynamics, facilitation, mediation and coaching. Many come from a psychology background, and are more akin to blue collar, ground floor, and “it’s OK to get dirty” types.

The content/transactional advisors work mainly for firms of professional partners, who specialize in knowing the laws and regulations and have a knack for creating structures and documents that are used by the family as part of the estate planning process. To me, these folks are more akin to “white collar”, upstairs, and “I prefer to stay clean” group.

Once again, both groups are important, absolutely needed, and thankfully available to serve the family. There is a symbiotic relationship here, but who is serving whom?

 

Really Feeling It

In the charity example, the daytime staff and volunteers see the benefits of their work first hand. Those who come out only for the fundraising events are often told of what goes on, and they are often amazed but never really “feel” it.

Most advisors to families will recognize proverbial hornet’s nests in family situations and steer clear of them, not wanting to get stung, nor leave the family in worse shape.

Working closely with the family members, doing much more “process” work, I see the hornet’s nests too, but I don’t necessarily run away from them, instead I often prefer to point them out.

I am not suggesting that the content people get involved in the process stuff, but if they better understood the implications their work has on their ultimate clients (the whole family) they could do an even better job.

 

Connecting the Two

When donors come out to a charity event, we try to show them how important the work is that we do for the end clients.

Those who bridge these gaps, in charities and in families, are always necessary, yet not always appreciated. But we will always do it, because it feels so good and so right to make these important connections.

We don’t mind getting dirty, and we are not afraid to get stung.