Family Governance, Aaaah!

It’s hard to get a handle on “governance” sometimes, and depending on the context, its meaning and connotations can vary greatly.

In some contexts, it’s a pain in the backside. In others, you can’t live without it.

Put me in the “can’t live without it” camp when it comes to family business continuity and family legacy.

Governance in those situations can be tricky, but you really need it, and this post will shed light on that perspective.

 

Institute for Family Governance 

This week I was in New York for the first annual “Institute for Family Governance” conference. The IFG is in its infancy, and came into existence at the crossroads of STEP (Society for Trust and Estate Professionals) and FFI (Family Firm Institute).

Babetta von Albertini, of Withers Consulting Group in NY, the Program chair, is a member of both FFI and STEP, and I first met her at the FFI annual conference in London in 2015.

She is the driving force behind IFG and must be congratulated for pulling off a great kickoff event.

She also announced that the 2nd annual IFG conference will take place on January 25, 2018, and that none other than the legendary Peter Leach of Deloitte UK will be a featured speaker.

 

What the Heck is “Family Governance”? 

“What is Family Governance?” could be the proverbial $64,000 question. But it’s more like the $64,000,000 question, because sometimes size does matter

If your family net worth is in the range of $64,000, please skip the rest of the questions, thanks for your time completing our survey.

If, however, your family net worth is in the $64,000,000 range, perhaps this topic is one you need to be paying attention to.

Okay, let me rephrase that.

If you care what happens to your wealth over the next generation or two (or more), then good governance will be important. If you don’t really care what happens after you die, don’t bother reading past this point.

 

What Happened to “Governance, Ugh!”? 

For longtime readers and fans of my work (Hi Mom!) you may be confused by the title of this blog, which seems to suggest, via the “Aaaah” after “Family Governance” that it’s something good, and which brings relief.

You may be thinking “Hey Steve, how does this square with Chapter 8 of your book, SHIFT your Family Business, which I clearly recall was titled “Governance, Ugh!”?

My answers to this are many, including:

  • Thanks for noticing
  • Yes, it IS available on Amazon
  • Evolution

 

The Evolution of Governance

Back in 2013 when I wrote the book and called that key chapter “Governance, Ugh”, I did so based on my perception that the word actually conveyed that “Ugh” reaction to a large number of people.

I like to believe that the world of Family Business and Family Wealth has evolved somewhat since I wrote it, and based on what I heard in NYC this week, it has.

Even if the “world” has not yet evolved, though, I know that I have. Let me elaborate. I have always known that good governance is essential to creating a sustainable legacy for a family.

I used to be afraid to tell people that they needed “governance”, but shying away from the word made it seem “unspeakable”, which may have conveyed that it was also undesirable..

 

My Own Evolution

When the Institute for Family Governance, came to life, and when I realized that I was excited to discover it, that told me that I have evolved, as has my thinking and my desire to call it what it is.

Yes, we can continue to refer to it as “decision-making”, and “communication” and “structures and processes”, and “how we are all going to get along together” and “formalized rules and regulations”.

At the end of the day, for me, the best word to encapsulate all of these is GOVERNANCE.

 

The Real $64 Million Question

The real question is WHY is it required.

My short answer is:

Because your Wealth and Legacy won’t Preserve Themselves.

Family governance is a must, and it must be custom-developed by your family, for your family.

But it is definitely OK to get help with this. It is even highly recommended to do so.

 

To Be Continued

Watch this space for an upcoming blog:

5 Things you Need to Know: Family Governance.

Coming in February 2017

 

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Work with Me, Walk with Me

Work with Me, Walk with Me

This week’s blog inspiration comes from a training program I attended. Noting it in my “future blog ideas” file, I then let it simmer. It’s ready now, so let’s dig in.

We’re in Ottawa, autumn 2016, at the Canadian Institute for Conflict Resolution, on the first day of “TPN-4”, the final installment of their Third Party Neutral program.

We go around and do intros, wrapping up with our observer, a former student, now volunteering as a teaching assistant.

She details her experience in the field, including some with First Nations communities, during which she “walked with the ‘XYZ’ tribe for four years”.

“Sorry”, I interject, “did you say ‘worked with’, or ‘walked with’?”

“Walked with”, she replied.

“OK, thanks, that’s what I thought I heard”, I nodded.

 

Similar, but different

There isn’t a huge difference between the two words, given the context.

Or is there? Of course she worked with them, and that is the way most people would have phrased it. But she chose her words carefully, and I for one noticed.

The biggest thing I appreciated about her word choice is that she was actually describing more than a simple working relationship, it was one where she did much more than regular “brain” or “muscle” work.

But then again, the heart is a muscle too.

 

Journey = Process

To walk with someone suggests some important differences, firstly that the process of helping the client is actually a journey.

Also, when people walk together, there usually is no hierarchy of “you work for me” or vice versa.

I’ve worked with lots of people with whom I never “walked”, and I’ve “walked with” others I never worked with.

Walking with someone suggests that you begin at a certain place and try to go somewhere else, together, hopefully a better place.

You could even leave somewhere and then return, in which case you’re most likely emphasizing something you are doing along the way.

 

“Accompagnement”

Even if you overlook the nuances of “worked” versus “walked”, you still have that other key word, “with”.

In the area of coaching, which continues to make great strides in becoming a mainstream profession, there is a French translation that I love, which also fits this subject.

Some people use the term “Le coaching” in a way similar to “Le marketing”, and others where a French word has never become generally accepted.

I’ve often heard people call it “service d’accompagnement”, that is, “accompaniment”.

That really resonates with me.

I recall one of my coaching leaders at CTI saying that 80% of coaching boils down to two simple (but not necessarily easy) things:

  • Listening without judgement, and
  • Being “with” someone

“Being with”, is very much “accompaniment”.

“Walking with” is accompaniment on a journey.

 

How about a “Guide”? 

Of course when you hire someone to work with you or walk with you, it is rarely just for companionship. Ideally the person can offer you some sort of help, thanks to their experience or expertise.

But there are different kinds of helpers, and it is often tempting to look for “the expert” who can give you the best advice, and then “just tell me what to do”.

In some cases, that’s the ideal way to go. In many others, such as figuring our how to transition your family’s wealth from one generation to the next, just getting experts to tell you “what to do” often leads to sub-optimal results.

 

Guidance helps you get what YOU want

An analogy I like for this kind of work is that of a “guide”. Names like “consultant”, “advisor”, and “coach” each have connotations that bring along some negative baggage and associations to some ears.

I’ve always liked the idea of giving “guidance”, but somehow calling myself a “guide” doesn’t seem to “fit” either.

A good guide “walks with”, helps point out interesting things you may have missed, and keeps you out of places you shouldn’t venture into.

If they’re really good, they don’t even look like they’re working when they are!

They just look like someone who came along for the walk. But how would the journey have been without them?

Who is guiding your transition?

 

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Lessons from a Drowned Phone

Happy New Year?

The first week of a New Year seems destined to bring up a challenge for me. Last January I was involved in a car accident that resulted in a concussion, and 2017 started with me accidentally drowning my phone.

I must admit that given a choice for 2018, I would sign up for stupidly putting my phone in the washing machine over innocently getting rear-ended at a red light.

Even though I have nobody to blame but myself for the phone fiasco, I must admit that this year is off to a better start than last. And of course the drowning of my phone has given me a juicy blog subject to boot.

 

The Incident

Last Friday when I finally found my misplaced phone in the “last place I looked”, i.e. the pocket of my jeans, in the washing machine, well into its wash cycle, I was relieved that at least I had solved the mystery of “where the heck is it?”

The thrill of finding it was quickly extinguished of course, as I had already concluded that it was now merely a paperweight.

 

Now What? 

Saturday morning I went to my phone service provider with it, holding a glimmer of hope that it might still be useful. No such luck.

I purchased a new phone, and then came the time to transfer what I had in my old phone. There is a great app you can use to transfer stuff (photos, contacts, apps, etc.) from an old phone to a new one. But it doesn’t work when the old one is dead.

 

Parallels

My work is all about helping families define and preserve their legacy, which includes very important steps that I explain to client families, which they cannot skip if they want to keep the odds of success on their side.

My old phone had lots of important stuff in it that I wanted to continue to benefit from. But it was now dead, and I had not done what was necessary to preserve what was in it by backing up everything.

Now, recreating what I had, became a much bigger challenge. In fact, some stuff, like photos, was gone for good.

Most of those photos weren’t critical, but they did have some value, which was now lost. Likewise, much of what the senior generation members have in their heads is not truly critical for the survival of the family, but it can often rise to a level above simply “nice to have”.

In case my analogy has been lost on you, allow me to spell it out more clearly. If you wait until after people have died to try to have a valuable relationship with them, it is MUCH harder to do.

 

Contacts

What about contacts? The way things turned out for me, thanks to technical ineptitude and the lack of foresight on my part, when my contacts updated on my phone, I got hundreds of names and email addresses from everyone I had ever emailed through my Outlook account, a majority of which are useless now.

The cell phone numbers that I actually wanted and needed were nowhere to be found.

I now have to delete a whole bunch of useless stuff, and I need to email a bunch of people and ask them for their cell phone numbers again.

So I got a lot of stuff I don’t want, and the stuff I want, I need to actually work to get, even though I already had it before.

This is kind of like having to go through all of the files and documents of a deceased relative, while never having had the benefit of the personal introductions to people who were important to the family.

 

Lesson Summary

  1. Whatever happens, it could be worse. Phone issues are preferable to concussions
  1. To have a back up, you actually have to DO a back up.
  1. Sometimes you don’t know what you’ve got ‘til it’s gone.

Please realize what you have and figure out how to preserve it. And I’m not just talking about your phone.  There are so many things that the NextGen and the NowGen need to work at transfering.

Better get started today.

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5 Things you Need to Know: Sibling Rivalry

Sibling Rivalry is a subject that has been around forever, yet despite that, it has somehow not been one that I have tackled in this space over the four-plus years I have been writing this blog.

Following my post “5 Things you Need to Know: Family Inheritance” from November, I have decided to return to that format and devote this week’s installment to Sibling Rivalry.

If you have suggestions for other topics that you would like to see me address here in this same format, please let me know, I love reader feedback and input, as well as a challenge. My idea is to have the “5 Things you Need to Know” become a semi-regular feature.

Without further ado, here are my…

 

5 Things to Know: Sibling Rivalry

  1. It’s “Built In”

Where there are siblings, there is potential for rivalry. Mom and Dad will usually try to minimize it, but truth be told, as soon as the second child is born, the rivalry is on.

In fact, depending on the age of the older sibling, the rivalry can begin as soon as they learn that Mommy is going to be delivering a new bundle of joy, that will undoubtedly compete with them for love and attention.

So if it is built in, the best we can do is to try to be aware of it, and understand what is going on so that we, as parents, can best deal with its fallout. Pretending that it doesn’t exist in OUR family is not very helpful.

 

  1. It brings out the WORST in people

If we think about sports rivalries involving our favourite team, we can often recall events that took place during games where opponents did things that are memorable for the wrong reasons.

There is an added layer of intensity when rivals meet, and sometimes people do things that they would never dream of doing in a similar circumstance but with different particpants.

For siblings who have been in competition with each other for many years, most of their interactions can be positive for years on end, but one never knows when something that has been festering beneath the surface will finally blow up.

 

  1. It brings out the BEST in people

Rivalries are usually based on some sort of competition, but what is actually at stake can vary greatly from sports trophies to love, power, and money.

But isn’t competition good? Actually, in many if not most cases, yes. And it is when the competition is healthy that it can do just that.

The trick is to get the conditions right for the competition, and hence the rivalry, to be “healthy”. All or nothing situations, fight-to-the-death scenarios, one-winner/many-loser set-ups are unnecessarily rivalrous.

Healthy competition is often set up as a Win-Win situation, in finding ways to make the proverbial pie bigger, in creating ways for each participant to excel in their own way, and having everyone contribute to the common good.

 

  1. Blame the parents!

In the previous point, I used words like “conditions”, “situations”, “scenarios”, and “set ups”, which relate to the context within which siblings can be exposed to rivalry with each other.

Who creates the context in which the family lives, if not the parents? When parents create conditions for rivalries to bring out the worst in their children, the parents should bear their share of the blame.

Sometimes it is done subconsciously, and other times because they think that they are doing what is best, but in truth, many unhealthy rivalries can be traced directly back to the parents.

 

  1. DON’T blame the parents!

Wait, what? Didn’t I just say the opposite? Well, yes, but just because the root of the rivalry can be blamed on the parents, that doesn’t mean that100% of it rests with them.

When the offspring become adults themselves, at some point they must assume responsibility for themselves and cannot forever blame Mommy and Daddy for “loving Johnny more”.

Where you are today is the result of everything that has happened to you in your life thus far, including the way your parents and siblings interacted with you.

Where you go from here depends on what you do starting today.

Sibling rivalries are all around us and are not necessarily bad or good.

If you are involved in one as a sibling or parent, what can you do to help make it “less bad”, or “more good”?

 

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The KEY Question for 2017

So here we are again at the time of year when the old calendar comes off the wall and the new one goes up. Didn’t we just go through this?

The title of this week’s post comes from a book I’ve been reading, called Finish Big, by Bo Burlingham. I have gotten in the habit of doing my morning workouts while reading instead of watching TV, which has allowed me to cut into my unread books pile.

On my Kindle one recent day, I finished my ride mid-chapter and closed down, and the next morning when I resumed, “The Key Question” was the bold sub-heading that hit me right between the eyes when I rebooted.

Hmmm, I thought, a great and timely blog topic.

 

What IS the Key Question? 

There are SO many questions that we consider every day of our lives, most of them without thinking too much, and many of them of very little consequence.

When you look at the photo accompanying this post, which shows me along with some models hired for photo ops at a friend’s recent office Christmas party, a number of potential questions may come to mind.

I happened to receive this photo by email from my friend the other day, and when I showed it to my daughter, her laughter was all I needed to hear to know that I needed to include it here.

So if the key question is “Why?”, the answer is because I got the pic, I laughed when I saw it, others thought it was funny, so I decided to share it.

If it is a “What” question, however, as in “what is going on in this pic?” the simple facts of “what” along with “where”, “when”, and “who”, have also been addressed, albeit briefly.

“What” and “Why” questions preoccupy much of our lives, but for me, the Key Question for 2017 should be HOW?

I invite you to also consider more “HOW” questions, many of which you may have been subconsciously avoiding.

 

WHAT, WHY, and HOW 

Let’s move this over to the usual subject matter here, that of family legacy.

WHAT you have today, the business, the assets, the wealth, is pretty easy to ascertain factually. You have lots of professional advisors who can help you figure out exactly what you have, in hard numbers, on paper.

WHY you worked so hard to get to where you are, and the sacrifices you made to get here, and the reasons behind many of the tough decisions you made, are mostly things that come from the past, and include many important factors that drove you to succeed.

These WHATs and WHYs are very important, but by themselves, they will not suffice.

 

The Future is HOW

Every family that has worked to develop sufficient assets to be concerned about leaving a legacy, will eventually get to the stage where their main concern shifts to HOW.

How do we keep this going? That’s why professionals who advise such families don’t talk about succession planning, but instead talk about “Continuity Planning”.

HOW are you going to ensure that these assets will hold together into future generations, thereby sustaining your legacy?

These assets are not simply financial assets, by the way, but also less tangible things like human and intellectual capital, and if you haven’t been paying attention to those, the chances of the financial wealth being enough to hold the legacy together will decrease substantially.

 

HOW is a Transition, NOT a Transaction

Many families delay even thinking about these key questions for a variety of reasons; they’re too busy making the pie bigger, they think they will live forever, they aren’t sure where to start, etc.

It is complex stuff, and everyone in the family has their own viewpoint. Many professional advisors also have a hard time getting out of their silo of expertise to give you proper big picture advice.

Future blog posts will talk about creating a Family Continuity BluePrint. We will be getting back to the basics of the Three Circle Model, so feel free to read these refreshers:

Stay tuned to future posts for more on making “HOW” the Key Question for 2017 for your family.  If you are not yet subscribed, please do so here and now!

 P.S. (The facial expression of the handsome guy in the photo seems to convey “How do I get myself out of this?”, doesn’t it?

 

 

 

 

 

 

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Thinking Outside the Boxing Day Special

I have been writing and posting my blog here each and every week for over four years now. It is a source of pride for me to be consistently present, always thinking, sharing and prodding, while hopefully also being thought-provoking and entertaining.

Because I post my blogs on my website, www.ShiftYourFamilyBusiness.com, on the weekend (usually Sunday) and then send them out to subscribers via MailChimp on Mondays, this week represents a bit of a challenge, or opportunity, because of Christmas.

When I realized that this week’s edition would be emailed out on Boxing Day, the opportunity became one of capitalizing on some clever wordplay in the subject line. I came up with the “thinking outside the box” part a few weeks ago, and knew that I wanted to use it with Boxing Day.

Of course the clever title really should fit the subject of the blog, at least loosely, which brings up another challenge. I acknowledge that there have been occasional posts where the content and the headline were not exactly aligned.

 

Who’s in Charge here?

The only one I have to blame for any of the shortcomings that occur in this space is, of course, myself, as I am the author, editor, publisher, scheduler, idea person, researcher (not that there is a lot of that going on) and person responsible for what I put out here.

It is tempting to try to listen more to people who have ideas and suggestions for me on ways to make this blog more popular. I am thrilled to know that there are people who read my stuff and the feedback that I get is almost universally positive, and that helps keep me motivated. Truthfully, though, I think I would continue to write every week even if nobody read my stuff, simply because it forces me to try to clarify my thoughts.

There are people who have given me ideas on how to grow my audience faster, and I have even tried a few of them. There are also some “tricks” that others have suggested which do not fit with the way I do things, to which I have said “thanks, but no thanks”.

 

Write what YOU love

This week while on Twitter, I came across a post from a writer I follow who said something along the lines of, “The fastest way to Crazy Town is to try to write stuff that you think people will like”. He went on to say that you need to write what you like, and hope enough other people agreed.

Now that guy was more of a traditional “writer”, who writes pieces for magazines and such, not some guy who is actually a subject matter “expert” of sorts, who writes a blog on his website to reinforce his credibility.

There are people to whom I pay good money to help me with my online presence, and they have given me ideas that are really hard to logically ignore. I am slowly trying to integrate some of their suggestions, but I cannot lose sight of the idea that if I ever stop writing what I love, it will surely be the beginning of the end of this for me.

So I am not sure what the true “outside the box” part is here; is the “box” the formula for quickly adding subscribers, and outside the box is just writing from my heart, a.k.a. the adventures of Steve? Or is it the other way around?

 

Families? Or their advisors?

This makes me think about the other line I try to straddle, the one about my ultimate target audience. My marketing folks continually ask if I am writing for families, or the professional advisors who serve them. My answer is always “yes”.

Maybe for this week the “box” was writng a blog with a family business angle, and the outside part, and also the “special” part, was just writing a “stream-of-consciousness” blog, since it is the holidays and lots of people are going to miss it anyways.

I love writing this blog, I love getting feedback on it, I love getting new subscribers. I hope you enjoy it, I hope you will forward it to friends and colleagues. I will be back next week, and the week after that, etc.

Thanks for reading, please stick around for 52 more in 2017. Oh, and please tell your friends.

 

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Christmas Presence > Christmas Presents

I’m a big fan of clever wording, so as the holidays approached and I got the idea of “presence” for a blog post, I could not help myself, and absolutely had to make the point about the difference between “gifts” and “being there”.

When we are young, getting presents for Christmas can preoccupy our minds. As we get older, the question of just who is going to show up to celebrate the holidays with us becomes more important.

Between the stage of life where we wonder what Santa will bring us, and that where the number of grandchildren who will be there becomes key, the idea of presence shows up more often than you might think.

 

Listening and Presence

As someone who works with members of different generations in families, I can tell you that one thing that is often missing is good communication. Now do you suppose most of that is because people don’t speak well, or because their listening skills are deficient?

Learning to listen to people is more than simply making sure that your ears are tuned in to their voice. In fact, as much true listening happens with your eyes, and real listening even goes right to your heart.

Listening, especially to those family members for whom we spend so much time working hard to grow our business and wealth, is something most of us could work on and do better.

In order to listen with your ears, your eyes, and your heart, you really have to be present, with all of your senses tuned in. In the log run, the parents’ presence in the lives of their children is worth more than the presents they give them for Christmas and birthdays.

 

Finding your Gift

Speaking of presents in the form of “gifts”, this is another area where parents can be truly helpful to their offspring. I am talking here about the idea of each person finding their gift, i.e. what makes them special.

There are still far too many families where the leading generation sees their children more in terms of resources for their business, instead of a more traditional parental role of helping them find their way in the world, following their natural gifts and abilities.

 

Who is invited; Who shows up 

Many families spend a great deal of time preparing everyone for roles in the business, and not enough do the work to get everyone prepared for their roles in the family.

Family businesses usually have some basic governance in place to run their operations, but the family group itself can always benefit from some basic governance of its own.

It seems like more and more families are getting this message, and many are doing it the smart way and having an independent outsider take the lead in making sure that things are done the right way.

Figuring out whom to invite to family meetings can be tricky, and wondering what to do if some choose not to come to the meetings are issues that arise. Having someone who is not emotionally attached can help navigate these questions and get the necessary momentum started.

 

Being there > Sending a gift

Woody Allen said that 80% of success is showing up, and this can apply to many family situations too. If you don’t believe me, don’t go visit your mother for Christmas and just send a gift instead. Presence > Presents.

This brings up another Christmas related statement I like. People ask me how a family puts a value on the kind of work that I bring with my presence in their family processes.

One of my replies is that it is really hard to put a dollar figure on it. And I then add, “How do you put a value on Christmas visits, if one of your children shows up and decides to drive around for a bit until Uncle Bob has left.”

Everyone’s presence, for the parents, is the best present. I should not have to add that having everyone there simultaneously is assumed to be ideal, as opposed to showing up in shifts.

Family fortunes that fall apart are also a great gift, for the lawyers.

Be there, be present, listen, and communicate. Plan for the family, not just the business.

 

 

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Helping Uncoordinated Families

I am not sure what it is about my brain, but it will often catch a word in one context, completely forget about it for weeks, and then light up like a fireworks show later when that word surfaces again in a different context.

The word will then dominate my thinking for a while, until I write a blog about it. Thanks for coming along for the ride as we deal with this week’s word, “coordination”.

 

Advisors: Cooperate or Collaborate?

As an advisor to business families, I am forever alert to the goings on in this space, and there’s lots of talk about how professionals who serve families should work less in their individual silos, and much more collaboratively.

I believe in this, of course, yet I am also realistic in my understanding that this is a tall order for many professionals who simply don’t know how to actually do this well, and for whom the short-term negatives will often seem to outweigh the associated positives.

Some like-minded professionals have put lots of work into trying to define the benefits of working collaboratively, as illustrated by this great NAEPC white paper.

I first learned of this document in July, at a breakout session during the annual Rendez-Vous of the Purposeful Planning Institute, where collaboration was shown to go much further than simple cooperation.

Cooperation should be a given between your advisors, but full collaboration may be a step too far for many. There was also some talk about coordination, as an intermediate place.

The word coordination stuck with me, since acting as a “coordinator” is something I already do while working with the members of the family.

 

Bowen Family Systems Theory

This week, I was in Washington, taking part in the Postgraduate Training Program at the Bowen Center at Georgetown University. Our early morning presenter on each of the three days was Dr. Dan Papero, and as usual he did not disappoint.

He presented some of his views on “Differentiation (of Self) from the ground up”, and along the way, there it was again, the magic word, “coordination”.

The specific context of which he spoke it is now a blur to me, but the jist of the idea was that in a family system, coordination was something to be aspired to. So there it was again!

My head began to spin with the concept of coordinating not just the advisors who work with families, but the members of the family themselves.

 

Clarity, Clarity, Clarity

The word “clarity” has also been front and center in my brain lately, and it struck me that coordination and clarity have somewhat of a symbiotic relationship.

Wait, what?

One of the biggest hurdles that a family must overcome to get their generational wealth transition “done right” is getting everyone on the same page, i.e. having a shared clear picture of what is at stake and what needs to be done.

When I am asked how I can help such families, providing better clarity is usually my top answer.

Once the picture of what needs to be done is clear, the work of organizing the family’s structures and governance then begins in earnest, but this work does not just magically happen.

You guessed it, that work must be coordinated.

The family’s work must be clear and coordinated, but much like the chicken and the egg, we can never be sure which one comes first.

 

Back to the Three Circle Model

It is is complex because it combines the three areas of the family, the business, and the ownership (see The Three Circle Model) and these three also share in the “which comes first?” dilemma.

 

Clarity before Coordination or Vice Versa?

Families who undertake the work required to achieve some family alignment will be better coordinated and therefore be much more clear on the work to be done.

And families who are clear on what needs to be done will find it easier to coordinate this work.

Some families are naturally better at this than others, but most could benefit from outside help.

The families that I had in mind when I titled this piece shall of course remain nameless. Hopefully they do not rhyme with your family name.

Most families are not nearly as coordinated as they could be or should be. Clarity, from an outside perspective, can be an enormous help.

 

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No, YOU Don’t Understand!

No, YOU Don’t Understand!

This week I attended a presentation at a local University’s Family Business Center.

The guest speaker was a local legal professional from a well-known firm, and she was there to talk about things that business owners need to pay attention to when doing the legal end of their estate planning.

As she regaled us with her stories, a certain phrase came up a couple of times. When I heard it the first time, I was mildly amused. When I heard it again, I knew that it was going to be the subject of this week’s blog post.

The scenarios were the same each time. During her discussions with clients, at one point the client would say, “No, Janet, you don’t understand…”.

 

Who doesn’t understand whom?

After listening to the client’s explanation of what she did not seem to “get”, she would turn it around and retort with “No, YOU don’t understand”.

In my experience with families, these kinds of exchanges take place quite often, and they happen at several levels.

They happen within the family, between members of different generations, and also within groups of the same generation, such as ia sibling group.

They are also common between the family (or its representative) and its outside advisors.

When these types of exchanges take place, there is nothing inherently bad about them, at least on the surface. I am reminded of the phrase, “It’s not what happens to you that is important, it’s what you do about it”.

 

OK, so NOW what?

When the person who comes back with the “No YOU don’t understand” then goes on to lay down the law and force their viewpoint on the others, despite what others believe and understand and agree to, there will likely be problems down the road.

The best case scenario for this type of exchange is one where the family representative is dealing with an advisor and it is the family leader who concludes that they are not being well served, who then concludes with “And that’s why I am going to find myself a better advisor”.

The whole “I understand and you don’t” is so “I am smart and you are ignorant”, and “I know what is best and you must obey”, and it really has no place either within a business family or between a family and their advisors.

 

The Search for Clarity

One of my new favourite words is CLARITY. When someone asks what I can bring to their family situation, it has become my go-to first response. I will help bring clarity to the members of the family system.

Clarity, in my view, is not really much more than a common understanding. First, the family needs to be sure that they have a common understanding of where they are today.

People are sometimes tempted to rush into figuring out where they want to go, and I usually need to slow them down and make sure that they all know where they actually are first.

Once they all undestand and agree about where they are, then we can look at where they want to go, and of course, how they can get there. This will also require clarity, or, put another way, common understanding.

 

Inside the Family First, then Outside

Then, and ONLY then, should there be a meeting among the family’s advisors, again for clarity, i.e. common understanding.

Far too often I see situations where the outside experts are brought in with ready-made “solutions” (i.e. products and services) before anyone has done the work on becoming clear on what is required in that unique family’s situation.

Bringing clarity to a family is hard work and it takes time, but it can be done. Successful multi-generation families have figured that out.

 

FOR yourselves, Not BY yourselves

Here is what it boils down to:

As a family, you need to figure it out FOR yourselves, but that doesn’t mean that you have to figure it out BY yourselves.

You will likely need some outside help, but the person who helps you will be a process person, not a product person.

Achieving family clarity on “where they are now” and “where they are going together” is what it is all about, and the journey to get there is at least as important as the result.

But it doesn’t just happen by itself.

 

 

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5 Things you Need to Know: Family Inheritance

Family Inheritance

While few people actually relish thinking about the details of the inheritance they will leave their family when they die, most do spend at least some time wondering how to make sure that things will go well among their heirs.

We’ve all heard of families where relationships were harmed, sometimes beyond repair, as the result of how this important question was dealt with. If you do not want to be one of THOSE families, please read on.

Also note that these are five things everyone should know and understand, but that doesn’t make them an exhaustive list of important considerations, or even a “top 5 list” for every family situation. This blog should never substitute for legal advice for your unique family situation.

 

  1. Big or Small, the same issues arise

You don’t have to have a net worth in the gazillions to be affected by the potential negative fallout from poor decisions in this area.

Siblings have been known to never speak to each other again as the result of parental decisions that were made that surprised everyone, even in cases where the inheritance barely covered the cost of the funeral.

Rule 1: Don’t assume that there isn’t enough to worry about

 

  1. A WILL is Key

It should go without saying that every adult needs a will. Unfortunately, statistics show that many do not.

Many people who don’t likely assume that they have plenty of time to take care of it, you know, “later”. There are cemetaries full of people who guessed wrong on the question of exactly when they were going to die.

You need a will, and it really should be current. A good rule of thumb is to review it every five years.

Rule 2: Make sure you have a legal will, no excuses!

 

  1. A Will is NOT Enough

Now if you have your will in place and are thinking you are in the clear, well, sorry, we still have (at least) 3 more items here!

You have decided to leave certain assets to certain people in a certain way, and it’s all written up legally in a will. Here is the important question: do the people who will inherit your assets KNOW what they will be inheriting?

At least some form of basic communication is absolutely essential. If you haven’t already done so, please make sure that everyone understands what is going to happen. If you can let them all know together, at the same time, even better.

Letting them assume, and having different people understand different versions of it is a sure recipe for trouble.

Rule 3: Your heirs should know what is coming

 

  1. “Pre-Mediation” Can Make Sense

When a dispute goes into mediation, parties are brought together, and along with a neutral third party, they examine everyone’s interests and work towards a satisfactory conclusion.

The idea of pre-mediating is to put the scenario on the table with the parties before it actually comes into play.

The main point is that if you leave things to your heirs in the way you planned, AND that will cause problems after you are gone, why would you not want to re-adjust while you still can?

If this idea scares you, then that is a sign that yours is actually precisely the kind of situation that could most benefit from this.

Rule 4: Play out the details while you still can

 

5 “Surprise” is NOT a Good Thing 

I have heard Tom Deans (author of Willing Wisdom) speak several times. He describes the sound that many lawyers tell him they’ve heard from at least one surprised heir at the reading of many a will.

It is difficult to convey in writing, but imagine a gasp with an audible “aaargh” or “euhhhh”.

That surprised sound from any of your heirs is NOT what you should be going for.

Rule 5: Let your family grieve and celebrate your life, not shake their heads in disbelief.

 

If you know someone who should be thinking about these questions but may have been avoiding them, please feel free to forward this to them. You will both be glad you did.

 

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