Mary Goodblood grew up believing that she was the only daughter of Cash Goodblood. One day, 25 years after Cash died, and to no one’s surprise after the lucrative sale of the Goodblood family business was plastered on the front page of the local newspaper, Mary received a Facebook message from a woman named Désirée that said “Hi, I think your Dad is also my Dad. Do you want to exchange DNA?” After doing some research, Mary discovered that Désirée’s mom, Candy Onenight, had a very brief relationship with Cash long before Cash and Mary’s mom married. What should Mary do? If Désirée can first prove paternity – that Cash is her biological father – does she have a legitimate claim to share equally with Mary in Cash’s trust created from the sale of the Goodblood family business?Continue Reading Illegitimate Heirs – Trust Language: “Hi, I Think Your Dad is also My Dad” – Part 2
Following the untimely death last year of his father Big Daddy Bux due to COVID-19, brother Hustler Bux was appointed independent executor of Big Daddy’s Will. When Hustler asked for a judicial discharge, sister Kathy “Kitten” – who had cared for both parents and still lived in the family home – objected complaining that Hustler failed to disclose important facts related to the estate. Kitten’s mistrust was intensified by altercations between them at the family home, and then confirmed by Hustler’s late inventory and accounting revealing his uneven distribution of Big Daddy’s $5 million estate. Without telling Kitten, Hustler (i) deeded the family home to Kitten and deducted his determination of its value from her share, (ii) deeded a ranch in Goliad to himself and their two brothers – but not her, (iii) reserved $150,000 of estate funds to cover his attorneys’ fees to defend any lawsuit. Kitten asked for explanations. Hustler refused. Even worse, Hustler intimated that, by just asking for the estate information, Kitten violated the will’s “no-contest” clause. Can Hustler refuse to tell Kitten about Big Daddy’s estate and his assets? What’s a “no-contest clause?” What is a judicial discharge?
Continue Reading Can Executors Keep Secrets From Beneficiaries?
After learning that Buxboro Independent School District would not re-open campuses until September 8th and dismayed that her children Digger (12), Trixie (9) and Hustler (5) would not receive personal instruction, Anna Nicole Pawlenty posted on a Facebook mom group “I’m in Buxboro, and I’m ‘podding up.’ Who’s with me?” . Can just anyone home school their children? What are the implications?
Continue Reading Homeschooling: Too Cool For School?
Grant Bux, Big Daddy Bux’s nephew, owns Sparkle-Plenty Electrical Manufacturing in Dallas, and has a branch office in San Antonio. The Dallas office employs 13 family members and four non-family employees. San Antonio has 16 non-family employees. Grant learned that both the Cities of Dallas and San Antonio have mandatory sick leave ordinances becoming effective on August 1st. As a family business, will they impact Grant and Sparkle-Plenty?
Continue Reading Do the Mandatory Sick Leave Ordinances in Dallas and San Antonio Affect Your Family Business?
Struggling these last several months with the family dynamics and dilemmas of transitioning his family business to the next generation, Big Daddy Ernest Bux, 65, now turns to ordinary, practical considerations. What are Big Daddy’s businesses worth, and do they have sufficient value/cash flow to accomplish his plans? Will Big Daddy’s estate planning cover the estate taxes and transfer estate assets consistent with his plans and goals?
Continue Reading Family Matters: Can a Family Business Succeed Without Maximum Valuation and Sound Estate Planning?
Continuing to struggle with transitioning his family business to the next generation, Big Daddy Ernest Bux, 65, considers perhaps the most difficult task on his checklist: Ensuring that both his management succession decision makers and all of his ownership succession members are good communicators of both business and family issues. A couple of months ago, Big Daddy Bux addressed the family factor and its two components – the management succession process and the ownership succession process. Now that the management successors (the business decision makers) and the ownership successors are identified, how can Big Daddy equip them both to be good communicators?
Continue Reading Family Matters: Can a Family Business Succeed Without Addressing Overlapping Business AND Family Issues?
Continuing to deliberate about when and how to exit from his family business, Big Daddy Ernest Bux, 65, considers yet another task on his checklist: Determine Exit Strategy. He’s already Identified Successors and Decision Makers, and Planned for Contingencies. Yet to be tackled are Establish Goals, Plan Entity Structure and Transfer, Complete Estate Planning, and Implement Document Maintenance and Control. Asking his banker last week about a new loan to expand his business, Big Daddy learned that his banker cannot give him a business loan without seeing a complete exit plan. How is an exit strategy different from last month’s thoughts on identifying successors?
Continue Reading Family Matters: Can a Family Business Succeed Without a Written Exit Plan?
Realizing that at 65 it’s time to talk about succession of his family business – especially Buxboro State Bank, Big Daddy Ernest Bux identified his checklist: Identify Successions, Identify Decision Makers, Plan for Contingencies, Establish Goals, Plan Entity Structure and Transfer, Complete Estate Planning, Determine Exit Strategy, and Implement Document Maintenance and Control. To succeed, what does identifying successions and decision makers look like for Big Daddy’s family business?
Continue Reading Family Matters: Can a Family Business Succeed Without Identifying Successors?
Realizing last month that, at age 65 he’s ready to think about his family business succession plan – especially for Buxboro State Bank, Big Daddy Ernest Bux identified his checklist: Plan for Contingencies, Establish Goals, Plan Entity Structure and Transfer, Complete Estate Planning, Identify Decision Makers, Identify Successors, Determine Exit Strategy, and Implement Document Maintenance and Control. Must Big Daddy’s family business have a contingency plan for divorce to succeed?
Continue Reading Family Matters: Can a Family Business Succeed Without a Contingency Plan for Divorce?
Finishing a best-year-ever 2018 and being questioned daily by his second wife Anna Nicole about making her children officers and owners of the family business Buxboro State Bank, Big Daddy Ernest Bux concludes, at 65 years old, that it’s time to think about a family business succession plan. What should Big Daddy do? Is he likely to succeed?
Continue Reading How can a Family Business Succession Plan be Successful?