Josh Kanter
We're all familiar with the cliché, “You get an owner's manual with a toaster, but you don't get one when you have a child.” I've always found that to be true and insightful, but it never stared me in the face quite as clearly as on my father's death. So I've expanded the cliché to add: “You don't get an owner's manual with a family of wealth either.”
But you should! In the book Cycle of the Gift, the authors analogize the sudden transfer of great wealth to a meteor strike. I suggest that is equally true of the sudden need for knowledge and information at the illness, incapacity, or death of a member of the family's elder generation.
Too often, we talk about succession planning in the context of a person or role—who will take over, what are the qualifications they need, etc. To our detriment, we often don't consider the succession of information. How can I identify my informational and planning blind spots? How can I communicate with, and educate my family and advisors about, various matters as part of my stewardship of my wealth? How will my partner, heirs, or advisors know what they need to know in the event of my absence?
These are not abstract questions—unfortunately, despite our best efforts, illness, incapacity, or death is coming for us all! Families of wealth spend enormous amounts of time and money on planning, communication, education, and governance. Yet at each generational transition, families spend more time and money than should be necessary on things that fall under the heading, “I wish I knew that.”
As my father's death approached, we thought we were prepared. He was a world-renowned trust and estate lawyer turned venture capitalist. Our structure was complex. We were litigating a 30-year tax controversy matter. We were filing nearly 750 tax returns per year. I was a nearly captive employee and had all the requisite training—a law degree that included taking my father's class (big mistake), a career as a transactional lawyer with an outside firm, time running one of our portfolio companies, and 18 months at his side before he succumbed to cancer.
What came next, and hasn't stopped for 20 years, was the “I wish I knew that” phase. In an effort to stop history from repeating itself, the Family Owner's Manual (FOM) was born, a single-source document that would dramatically expand on the traditional “emergency file.” The document would not only tell the family where to look, but what to look for, why to look for it, and what to do when they found it.
The FOM is something I recommend to families I work with and, frankly, to all families of wealth. It is a tool that, if used with care, will improve a family's current planning, can provide an educational roadmap for family members and advisors, and will help preserve the legacy that the family has worked to create.
There are many ways to embark on the creation of your own FOM. You might reach out to your estate lawyer, investment advisor, or multifamily office to ask for a checklist. A number of books are available on the subject of “preparation.” Whatever your preferred method of getting started, however, the real value in the process is to get beyond the “what and where” to the “how and why.” Think about it—a checklist of the parts in your toaster might be nice, but it's the instructions that tell you how to use the thing!
And so it is with the concept of the FOM—we need to think not just about the parts, but the transfer of knowledge about important history, rationale, and priorities that will need to be considered when making timely and strategic financial and nonfinancial decisions. Failing to do so can too often result in unnecessary expenses, time, lost opportunities, and more. In a typical FOM process, we want people to think about categories, roughly as follows:
And these questions:
And these questions:
And these questions:
And these questions:
Because our lives are ever-changing, your FOM should be continually evolving and updated.
Every family that creates their own FOM will undoubtedly learn something new and will discover a solution—a gift, if you will—that will benefit every member of the family. Such a gift is more than an organizational tool, though it can certainly provide that function.
A FOM is unique to your family. As such, it is impossible to pinpoint where you will find the most value, but here are just a few examples of things typically uncovered by this process:
In similar fashion, we recently worked with a client who was a retired senior executive with a real estate investment and development firm in the Midwest. He was well organized but hadn't connected the dots between the paper records and information in his head. Through our process, he highlighted his most important contacts, how he knew them, and when they should be called on to help the family.
In reviewing his investment portfolio, and the myriad investment partnerships with different sponsors, time horizons, and expectations, he was able to impart more information about these deals so his family would know more about where to turn in the event of his absence and would have a better roadmap to think about future values, liquidation priorities and expectations. This client has a close relationship with his four adult, well-launched children, but he had never imparted this level of knowledge to any of them. After doing so in a family meeting, the children were “wowed,” and everyone realized what a gift he had given to the family by embarking on this process.
We all know that each passing year seems to add complexity to our lives. When complexity and wealth are combined, the need for, and benefit of, such a process grows exponentially. This process is valuable for every family enterprise or family of wealth. This is equally true for the single young professional, the successful nuclear family unit, and even the family enterprise that has grown significantly enough to justify a single family office.
Whether you get started with a call to your estate lawyer, investment advisor, a bookstore visit, give your family this gift: Get started. Once you're started, we hope that adding and updating your information will become second nature, but if not, consider setting yourself a schedule to review your manual quarterly or annually to consider what has changed, what should be added, and what should be deleted.
Through Josh Kanter Wealth Advisory Services, Josh provides thoughtful, personalized multigenerational family wealth advisory services to his clients, including family meeting facilitation, structuring, governance, trust, estate and tax planning, “blind spot” review, philanthropy, and more. Josh founded leafplanner, to offer families a tool to develop a personalized family owner's manual. leafplanner brings the deliberateness of a family office to a family's organization, education, communication, and decision-making.
Josh is involved with numerous nonprofit organizations and is a frequent speaker on family, family office, political, economic, and philanthropic topics.
Josh received his JD from the University of Chicago in 1987.