What Makes Family-Owned and Closely Held Businesses Different

Family-owned and closely held companies face legal issues that rarely show up on generic “business law” checklists. The same people who own the business may also work in it, manage it, and depend on it for their livelihoods. Decisions about money, roles, and exit plans can quickly become decisions about fairness and family. A mistake in a family-owned or closely held company that is not legally protected can put the owners’ assets, including homes, cars, and savings, at risk.

Common challenges:

  • Mixing family and non-family owners in a way that feels fair
  • Compensating family members who work in the business vs. those who don’t
  • Deciding who will run the business in the next generation
  • Handling divorce, disability, or the death of an owner
  • Balancing “it’s a business” with “it’s our family”

Who We Help

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    Small, owner-operated businesses in the state of California

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    Multi-owner and family-owned LLCs, corporations, and partnerships

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    Businesses where some owners work in the company, and others do not

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    Equine businesses and horse-related operations that are also family businesses

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    Owners planning to bring in children, spouses, or long-time employees as co-owners

Issues We Commonly Work On

  • Choosing or updating the structure of a family LLC, corporation, or partnership
  • Clarifying ownership percentages and voting rights
  • Drafting or updating Operating Agreements, Shareholder Agreements, and Buy-Sell Agreements
  • Setting rules for buying in and buying out owners over time
  • Coordinating business ownership with estate and succession planning
  • Preparing the business for sale, partial sale, or transition to the next generation
  • Cleaning up old entities and records before a major change

Ownership, Roles, and Decision-Making

When family members wear multiple hats - owner, manager, and employee - it’s important to separate those roles clearly. We help you document:

Who owns what

How ownership is divided and how it can change over time.

Day-to-day management

Who runs operations and makes routine business decisions.

Major decision authority

How big decisions are made and who must approve them.

Compensation structure

How owners are paid vs. how employees are compensated.

Entry and exit rules

What happens if someone wants in, wants out, or can’t continue.

The goal is not to freeze your business in place, but to create a clear, agreed structure so future changes are less painful and less confusing.

Planning for Transitions and Succession

Some owners want to keep the business in the family. Others hope to sell to a third party or to key employees. Many are still deciding. Whatever the long-term plan, having a basic roadmap makes transitions less stressful for everyone.

Identifying successors

Identifying likely successors inside or outside the family.

Buy-sell arrangements

Setting up buy-sell or similar arrangements for death, disability, or retirement.

Fairness among heirs

Thinking through fairness when some heirs work in the business and others do not.

Estate and tax alignment

Aligning ownership plans with estate planning and tax strategy, in coordination with your CPA and estate planning counsel.

Preparing for a future sale

Preparing the business and its records for a future sale or transition, even if timing is uncertain.

When Family Members Disagree

Disagreement doesn’t mean the business has failed or that relationships are broken beyond repair. It usually means the underlying rules were never clearly written down.

We help owners:

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    Clarify expectations around roles, time, and compensation

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    Document how disputes will be handled before they turn into emergencies

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    Set up clear processes for an owner to exit or reduce involvement

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    Adjust governance documents so that future conflicts have a framework for resolution

We focus on practical solutions and clear agreements that can reduce the emotional temperature, not increase it.

How We Work With Small & Family-Owned Businesses

If you’re not sure how serious an issue is or what kind of legal help you actually need, this is your starting point. You can begin with our online Legal Health Check, a 20-minute Business Legal Triage Call, or both. These options are designed to help you get clarity, understand common legal patterns for businesses like yours, and identify sensible next steps before you commit to a larger flat-fee step or project.

This is especially helpful if you want a trusted, practical starting point for ongoing legal decisions—so your entity, contracts, and compliance keep pace as your business grows.

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Legal Health Check & Triage Call

We start with a short online Legal Health Check. For small and family-owned businesses, this focuses on your current entity structure, who owns what, who’s involved in the day-to-day, and what you’re worried about: fairness, control, transitions, or future disputes.

Once you submit your answers, you’ll be able to schedule a 20-minute triage call.

On that call, we:

  • Confirm that your situation is a good fit for the firm.
  • Clarify your goals and the dynamics between owners, family members, and key employees.
  • Recommend whether your best next step is a Small & Family Business Strategy Session or a defined flat-fee project.

We do not review documents or give legal advice on this call. It’s focused on fit, expectations, and next steps. For matters that are primarily employment, IP, tax controversy, franchise, standalone real estate, or litigation, we may refer you to other firms that have served our clients well.

Fee: Your initial investment for this triage call is $150. If we decide to work together on the next step, we will credit this amount toward your Small & Family Business Strategy Session or a flat-fee project.

Schedule & Pay for a Business Legal Triage Call
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Small & Family Business Strategy Session

If we need to go deeper, the next step is a Small & Family Business Strategy Session. This is a focused working meeting—not a generic free consult—where we:

  • Walk through your Legal Health Check in more detail.
  • Review up to three key documents (for example, your operating agreement, shareholder or partnership agreement, buy-sell terms, or key correspondence or “understandings” among family members).
  • Explain your options and risk areas in plain English, with a prioritized plan for ownership, roles, and decision-making that fits your goals and family dynamics.
  • Where appropriate, we’ll also outline flat-fee or phased options to implement the plan, so you understand the likely scope and cost before you commit.

Fee: The Business Legal Strategy Session is billed as a flat fee. Most sessions fall within the $1,500–$2,500 range, depending on the scope of the issues and preparation involved.

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Flat-Fee Projects & Ongoing Support

Once you’re comfortable with the plan, we move into implementation on a flat-fee basis wherever possible. For small and family-owned businesses, that might include:

  • Drafting or updating operating agreements, shareholder agreements, or buy-sell agreements.
  • Clarifying ownership percentages, voting rights, and decision-making processes.
  • Cleaning up entities and corporate records before a transition or major change.
  • Coordinating with your CPA and estate planning attorney so business documents match your broader planning.

Each project is scoped in writing and approved by you before we begin, so you know what’s included and what it will cost. For owners who want continuing guidance, we can also structure an ongoing advisory relationship so you have a consistent point of contact as the business and family evolve.

Small & Family Business FAQs

Do you only work with family businesses?

No. We work with both family-owned and non-family closely held businesses. Our focus is on getting the structure, contracts, and governance right. When a family is involved, we also factor in fairness between family members and the impact on relationships.

Do you handle the estate planning and tax side as well?

We focus on the business and legal structure side: entities, ownership agreements, governance, and deals. We coordinate with your estate planning attorney and CPA so that your business documents and your personal planning work together.

What if not all family members agree about the future of the business?

That is common. Part of our work is helping owners clarify the options available and the legal and practical consequences of each path, so you can make informed decisions and document the outcome.

Can you help if our business also has non-family owners?

Yes. Many family-owned businesses include non-family partners, key employees, or investors. We make sure your agreements account for the realities of both family and non-family stakeholders.

Do you want more structure and less stress in your small or family-owned business?

You can start with a quick Legal Health Check, or request a strategy session if you’re ready to talk through your situation in detail.