It will never happen to me!

By Paul Winters

 

 

 

 

How many times have you heard that phrase?  From childhood to adulthood we grow up believing in our invincibility.  Many of us defer preparing for the uncertain future due to just such a belief.  It is unfortunate that it takes a tragedy or near tragedy for many of us to recognize our mortality.

Consider Victor Smith (not his real name), a classical entrepreneur--he created a new business out of nothing, and devoted a great deal of time and energy to its success.  Victor was fortunate; when he started the business, he discovered and exploited an attractive niche in the market place.  With Victor's constant attention, the business grew and prospered. 

All this was at the sacrifice of time with his family.  He ran the business himself.  The family had no role and had very little real knowledge about the inner working or financial results of the business.

With the success of the business came personal wealth.  He acquired vacation homes in the mountains and the islands, and invested in a variety of real estate ventures.  All of these required a good degree of cash flow to support.  Even so, Victor had more than adequate income from his salary in the business.

Victor now has three grown children.  The oldest daughter, Jackie, graduated with an MBA from Harvard.  Ten years later she was general manager of a manufacturing division of a large international corporation supervising 150 employees.  Last summer, she confided in Victor that she was unhappy working so far away and would like to go to work in the family business.

The middle daughter, Megan, married Mark during her college years, has two children and is very active in the community.  Mark works for the company as marketing director and is Victor's favorite golfing and fishing companion.  A friend recently told Victor that Mark and Megan are having marital difficulties, and Mark doesn't deny it.

The baby of the family, Phillip, got his college degree two years ago.  Since he  majored in girls, parties and fast cars, he couldn't find a job after graduation and Victor finally put him to work in the factory.  Victor feels that Phillip is a late bloomer, like himself, and just needs a little more time to mature.

Victor has been feeling more and more pressure from the family members wanting to know the plans for the future ownership and management of the business.  Several key non-family managers also feel uneasy about the future.

To make matters worse, three months ago Victor had an automobile accident and was in a coma for 48 hours.  Fortunately, he fully recovered and, after two months of convalescence, returned to work.  During his absence from the business, his second-in-command, who is non-family, and Mark ran the business in a very competent manner.

Shocked into realizing his vulnerability, Victor was propelled into succession and estate planning.  With the help of an advisor Victor recognized that succession planning anticipates and plans for his inevitable departure from the business.  The time frame for voluntary departure is controllable by Victor and the family, but a plan is ready for unexpected departure.

The first step in the process was to list all of the questions facing Victor.  Some of the issues are:

·        What kind of life do Victor and his wife want to lead?

·        What will be the source of income?

·        What would happen if Victor died suddenly?

·        How can Victor be fair to all family members, including the grandchildren?

·        What is the worst thing that could happen to the business?

·        Who will own the company?

·        Which of the family members is best qualified to run the company?

·        What happens to a non-family employee who is more qualified to run the mpany?

·        What happens to Megan's husband if their marriage dissolves?

·        How can the plan allow for the maturation of Phillip?

·        Does work outside the family business qualify for a leadership position?

The list went on for several pages.  Striving to solve the issues can create tension and stress in the family, but they must be faced.  Victor realized that he prefers to be involved in the decision process, rather than leave it for the family to solve after his death.  There is no one perfect solution, but there are many acceptable ones.

Why do so many people avoid succession planning?  Many owners, like Victor, know deep down in their hearts that these issues exist.  The prevalent reason stated is that there is plenty of time left.  The unstated reason in many cases is to avoid the emotional complexity of making decisions that affect the future of the family.

Running away from them, however, doesn't make them go away.  They just get more complicated.

Identification of the issues is the first step in succession planning.  Future articles will review techniques to address these complicated and emotional issues.

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