Trust BCLP

Trust BCLP

Succession Planning

Main Content

THE TOM PETTY ESTATE: A CAUTIONARY TALE IN BUSINESS SUCCESSION PLANNING

When a celebrity’s death hits the newswires, it’s often immediately followed by reports of the size of the deceased’s estate and the identity of the beneficiaries.   In addition, not infrequently public battles among the beneficiaries ensue.  Some disputes are the result of the simple (yet, significant) error of dying without an estate plan, as in the Prince estate.  Others provide specific lessons demonstrating the need for attention to detail when creating an estate plan, such as in Tom Petty’s estate.

Tom Petty was a historically-acclaimed singer-songwriter and record producer, who performed as a solo artist and as the lead singer for the Heartbreakers.  Upon his death in October of 2017, his trust directed the trustee, his second wife, to establish an entity to be used to hold and control Petty’s sizable and valuable music catalog.  The terms of the trust ascribing control of the entity provide, as follows:

Family Businesses: Controls, Successions and Sales

Originally posted on the BCLP Private Wealth Insight Blog found here.

The family business not only represents the hard work and entrepreneurial spirit of the founders, sometimes across generations, but is often a reflection of the founder’s and family’s values and beliefs.

The family business has the potential to grow, adapt and continue to deliver value across generations – but can it, will it and should it?

Should the founders pass it on or sell it?  Are the options binary?

In weighing up the options, the issues can sometimes seem conflicting.

  • Does the need for financial freedom – to provide financial support to family; to explore new investments or philanthropic ambitions – necessarily mean the family business must be converted to cash?
  • If there is no family member willing and capable of taking on leadership of the business, can the family business, to which the family

Ownership Succession for Family-Owned Banks : Building the Right Estate Plan

4-15-15-BryanCave

This article describes what to do to protect the bank, your family and your investment.   Originally published on BankDirector.com.

For a number of community banks, the management and ownership of the institution is truly a family affair. For banks that are primarily controlled by a single investor or family, these concentrated ownership structures can also bring about significant bank regulatory issues upon a transfer of shares to the next generation.

Unfortunately, these regulatory issues do not just apply to families or individuals that own more than 50 percent of a financial institution or its parent holding company. Due to certain presumptions under the Bank Holding Company Act and the Change in Bank Control Act, estate plans relating to the ownership of as little as 5 percent of the voting stock of a financial institution may be subject to regulatory