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Will Your Family Business Survive the Future? Succession Planning Considerations from a Santa Barbara Estate Lawyer

Estate lawyer in Santa Barbara

As an estate lawyer in Santa Barbara, I’ve seen many family businesses flourish across generations. Unfortunately, I’ve also witnessed others falter during transition, not because of market conditions or competition, but due to inadequate succession planning. The hard truth? Sometimes the biggest threats to your business legacy come from within the family itself.

The Question No One Wants to Ask

Let’s start with perhaps the most uncomfortable question: Do your children actually want to take over the business? Many business owners assume their children share their passion and vision, only to discover too late that their kids have different dreams and aspirations. Having honest conversations early can prevent years of misaligned expectations and family tension.

Beyond Desire: Capability and Readiness

Even when children express interest in taking over, consider whether they’re truly prepared for the responsibility. Running a successful business requires more than just growing up around it. Have they developed the necessary skills? Do they understand the industry? Most importantly, are they ready for the challenges of leadership?

The Partnership Puzzle

Your business relationships extend beyond family. Current partners, key employees, and their spouses all play crucial roles in your company’s success. Will your children be able to maintain these relationships effectively? Consider whether they can command the respect of long-term employees or work harmoniously with existing partners.

Sibling Dynamics

If you have multiple children, the complexity increases exponentially. Even siblings who get along well can struggle when business and family mix. Think carefully about how ownership and management responsibilities will be divided. Sometimes, equal isn’t equitable when it comes to business succession.

Planning for Success

As your Santa Barbara estate lawyer, I recommend starting succession planning early. This gives you time to:

  • Groom interested successors properly
  • Create fair compensation for children who won’t be involved
  • Develop clear transition timelines
  • Structure ownership transfers tax efficiently
  • Build consensus among all stakeholders

Taking Action

The success of your business succession plan depends largely on open communication and careful legal planning. Don’t wait until retirement looms to begin these crucial conversations. Contact our office at (805) 946-1550  to schedule a consultation. Together, we can create a succession plan that protects both your business legacy and your family relationships.

 

Author Bio

Julianna Malis is the Founder and Managing Partner of Santa Barbara Estate Planning & Elder Law, a Santa Barbara estate planning law firm she founded in 2014. With more than 25 years of experience practicing law, she has dedicated her career to representing clients in a wide range of legal matters, including estate planning, elder law, Medicaid and Medicare planning, probate, and other estate planning areas.

Julianna received her Juris Doctor from the University of the Pacific — McGeorge School of Law and is a member of the California State Bar Association.

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