A Succession Checklist for Real Estate Families

How far along are you in planning for succession in your company? David Berdon & Co., a New York accounting firm, has compiled an inventory for family owned real estate firms that is designed to uncover points that, if overlooked, might jeopardize a smooth transition. The checklist will also be useful to other types of family firms wishing to devise an inventory applicable to their industry and top management functions. David Berdon has been providing accounting and management advisory services to real estate families for over eight decades.

To use this checklist, mark “Yes” or “No” after each question. Then tally your responses to see how you stack up.

Yes No

A. Future of the family business: Long-term planning

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    1. Has the owner’s future role been defined?

    2. Are members of the next generation being trained?

    3. Is a plan in place to gradually transfer day-to-day responsibilities?

    4. Has the owner considered his/her future cash needs upon retirement?

B. Role of the family

    5. Is there an identified successor to lead the family, and has a succession working group been appointed?

    6. Are job descriptions clearly defined for family and nonfamily members?

    7. Is there a process for formal performance evaluation?

    8. Is there a salary structure for each position?

    9. Are appropriate financial considerations in place for family members not participating in the business?

    10. Do family members possess the experience and expertise required to manage the family’s real estate portfolio?

    11. Do the family members understand each property’s needs?

    12. Has the leader designated individuals to be responsible for negotiation, vendor relations, and employee matters?

    13. Is there an expert in the leasing area who understands each property’s tenant profile?

    14. Is there an individual with the ability to maintain tenant relationships?

    15. Are family members aware of the owner’s banking relationships?

    16. Is there a strong candidate to handle finances?

    17. Is someone well versed in technology to ensure against your properties’ obsolescence?

    18. Is there a family member who can position your properties in the marketplace to maximize cash flow?

C. Role of nonfamily members

    19. Have key employees—committed to the company’s mission—been identified?

    20. Will these nonfamily members have the ability to move the company forward?

    21. Is there a plan in place to encourage retention of these employees?

    22. Have employment agreements been considered?

    23. Have rabbi trusts or other deferred compensation plans been considered?

    24. Has the role of the family’s outside advisers been evaluated?

D. Family partnership and shareholder agreements

    25. Is there an agreement that provides for the transfer of ownership?

    26. In light of changes in tax law, does the current agreement provide for the most beneficial way to pass on the family’s wealth?

    27. Is the agreement structured so as not to put a drain on future cash flow needs?

E. Potential estate tax liability

    28. Has there been sufficient planning to provide for the projected estate tax cash requirements?

    29. Have generation-skipping trusts or family limited partnerships been considered as tax saving strategies?

 

Total: _____ YES _____ NO

It’s time to calculate your score and see if your family business will survive and flourish into the next generation. Each “yes” is worth one point. How did you measure up?

25-29 Congratulations! You have helped to ensure the continuity of your business. Be careful—some key areas may still need to be addressed.

18-24 You’ve taken some important steps toward planning. However, significant areas require scrutiny to ensure the continuity of your business.

10-17 Dangerous gaps exist in your planning. Urgent attention should be given to the issues isolated by the checklist.

Less than 10 Your business is at risk. Take immediate steps to meet with your professional advisers to either draw up a succession plan or lay the groundwork for cashing out.

© 1998 David Berdon & Co. LLP. All rights reserved.

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