Houston Texans Nearly Lost Control Without a Succession Plan

⚖️ When the Court Steps In: How the Houston Texans Nearly Lost Control Without a Succession Plan

If you think succession planning is only for small family businesses, think again.

Earlier this year, the NFL’s Houston Texans found themselves in a precarious legal and operational position—not because of poor performance on the field, but because of what happened behind the scenes. The team’s principal owner, Janice McNair, then 87, had suffered a serious stroke. What followed should serve as a cautionary tale for any business owner: a public court battle over her capacity to continue making decisions, and a business left hanging in uncertainty.

The Lawsuit That Threatened the Franchise

In January 2024, Janice’s son, Robert Cary McNair Jr., filed a petition in Harris County Probate Court seeking to have her declared incapacitated. His goal: to have a guardian appointed to take over her financial and business decisions, including her control of the Texans.

That petition didn’t come out of nowhere—it was based on her 2022 stroke and alleged decline in mental capacity. Whether the claim was valid or not isn’t the point. The real issue is that the Texans organization had no clear legal mechanism in place to address what happens if the principal owner becomes unable to act. That meant the only available path was guardianship court, a lengthy, public, and disruptive process.

A Team Without a Clear Leader

While the case never made it to trial (Robert withdrew the petition in February 2024 after reaching a private agreement), the damage had already been done. The headlines had aired the family’s internal conflict, and the franchise’s control had been called into question—just months before the start of a new NFL season.

There was no power of attorney on file that would have allowed a trusted representative to act on Janice’s behalf. No documented succession or contingency plan that would allow a seamless transfer of decision-making authority. Instead, the situation threatened to destabilize one of the NFL’s most valuable franchises, if only temporarily.

Imagine the effect this would have on a smaller business without deep legal resources or PR support.

The Legal Lessons for Every Business Owner

This story is dramatic, yes—but not unique. Every business, whether a major sports franchise or a small LLC, is vulnerable when key decision-makers become incapacitated and no one else has legal authority to step in.

Here’s what went wrong for the Texans—and what you can do differently:

1. No Durable Power of Attorney

Had Janice created a durable power of attorney naming someone she trusted—whether her son or another representative—there would have been no need for the courts to intervene. The POA could have quietly stepped in to handle business matters during her recovery or permanent incapacity.

2. No Business Succession Plan

A business succession plan—whether embedded in operating agreements, bylaws, or estate planning documents—helps define what happens when an owner can no longer serve. This can prevent ownership disputes, leadership gaps, and external interference.

3. No Unified Internal Agreement

Clearly, the family members were not on the same page. When multiple stakeholders are involved in a business, especially family, it’s critical to create legal clarity in advance—not leave decisions up to chance or conflict.

The Takeaway: Don’t Let the Court Decide for You

When incapacity hits without warning, your business can’t afford to wait. Employees still need direction. Clients still expect services. Bills must be paid. If you haven’t legally authorized someone to act on your behalf—or created a plan for continuity—you’ve placed your business at serious risk.

You don’t have to own an NFL team to learn from this. Whether you run a small business, a consulting firm, or manage rental properties, power of attorney and succession planning are essential legal tools to protect everything you’ve built.

If you’re unsure where to start, now is the time to talk to a business attorney. Your legacy—and the people who depend on your business—deserve better than uncertainty.

Click Here For Free Consult

This article is a service of Dolev Law, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session,Ⓡ during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.