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Succession Planning for Family-Owned Businesses

By
Eleanor Dolev
September 27, 2025
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Succession Planning for Family-Owned Businesses: Keeping the Peace and Securing the Future
Succession Planning for Family-Owned Businesses: Keeping the Peace and Securing the Future

  

Succession Planning for Family-Owned Businesses: Keeping the Peace and Securing the Future

Why Succession Planning Matters in Family Businesses

Family-owned businesses aren’t just about balance sheets and profits - they carry stories, sacrifices, and years of dedication. For many families, the business represents more than a livelihood; it’s part of their identity and a symbol of what has been built together.

That’s why decisions about what happens next can feel so deeply personal. Without a clear plan, the very thing that was meant to provide stability can create rifts. Children may have different visions for the future, different levels of involvement, or different needs. Some may want to continue the work; others may want to move on. What should feel like a legacy of pride can, without preparation, turn into conflict or even lead to the loss of the business entirely.

Succession planning is about preventing that - giving your family clarity, avoiding unnecessary disputes, and preserving both the business and the relationships that matter most.

  

Multiple Children, One Business: Common Scenarios

  1. One Child is Active in the Business
        Often, one child works full-time in the family business while the others pursue different careers. If the parent leaves ownership equally to all children, the child running the business may feel burdened, while the others expect equal distributions without contributing labor.

Best approach: Consider leaving ownership or controlling shares to the active child, while equalizing inheritance for the others through other estate assets (such as real estate, life insurance, or investment accounts). This prevents disputes and rewards the child who carries the responsibility.

  1. Multiple Children are Active in the Business
        If more than one child is engaged in the business, a shareholders’ agreement or operating agreement can outline roles, voting rights, profit distribution, and dispute resolution.

Best approach: Establish clear governance rules during your lifetime, not after. This allows you to set expectations and prevent stalemates.

  1. No Children Want to Run the Business
        In some cases, none of the kids want to continue the family enterprise.

Best approach: Your estate plan might direct the sale of the business, with proceeds divided among heirs. This avoids leaving your children with the burden of managing an unwanted asset.

  

Integrating Business Succession Into the Estate Plan

Planning for who takes over your business should be woven into the larger story of your estate plan—it’s not a separate decision, but part of how your wealth, values, and wishes are carried forward.

For example, a buy-sell agreement can help preserve harmony by creating a clear process: if one child wants to sell their share, there’s already a roadmap for how that works and who can buy in. Similarly, placing the business into a trust can provide professional oversight and continuity, especially if heirs are young or still figuring out whether they want to be involved. Trusts can also be used as an equalization tool—ensuring that the child running the business inherits it, while the trust distributes other assets or structured benefits to siblings so each receives fair value, even if not in identical form.

Sometimes, the fairest solution isn’t giving each child the same asset, but making sure each child receives comparable value. For example, one child might inherit the family business, while another receives a vacation property, and a third benefits from life insurance proceeds. A trust can coordinate all of this, smoothing out differences and reducing potential resentment. These tools—whether a trust, life insurance, or both—allow you to create balance, reduce friction, and make sure your plan reflects both fairness and your intent.

And then there’s the human side: communication. Having open conversations about your plans now is one of the most effective ways to reduce conflict later. Your children may not all agree with your decisions, but knowing your reasoning and feeling included in the process can go a long way toward preserving family relationships.

  

The Bottom Line

A family business is both an asset and a legacy. If you have multiple children, deciding how to handle succession is one of the most impactful estate planning decisions you’ll make. The right legal strategy ensures your business thrives, your children are treated fairly, and your family relationships remain intact.

Planning ahead—while you’re healthy and able to make decisions - is the best gift you can give both your business and your family.


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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.

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