Most family-owned businesses are built with legacy in mind—founders want their hard work to pass down through generations and provide opportunities for other family members to unite around a shared mission. In order to realize this dream, there are a number of legal, tax, business, and financial issues that should be addressed from the start, or at least when the objective of succession comes into clear view.
We help our clients with the legal issues that all businesses face, as well as those unique to family-owned businesses, including:
Business Structure and Operational Procedures: Well before succession occurs, businesses must establish documented processes, procedures, mission statements, and strategies, as well as legal, accounting, and financial frameworks in order to ensure smooth operation and transition. Many successful family owned businesses find having an outside advisory team including an accountant, technology consultant, banker, insurance agent and attorney imperative to mitigating risk and pursing opportunities.
Employment Policies, Compensation, and Benefits: A happy and productive workforce—consisting of family and non-family workers, alike—is a critical component to your success. Foster Swift assists family-owned businesses in designing employment-related procedures that are both compliant and effective, including personnel policies, employee benefits, incentive plans, and executive compensation.
Business Disputes: It can be very rewarding to work closely with those closest to you, however, at times mixing family relationships into an already complex business environment poses special challenges. Our attorneys counsel family-owned businesses in advance so that these issues can be avoided in the first place, but when they do arise, we are well-equipped to address litigation, transactional, tax, estate planning, and other issues as appropriate.
Business Valuation: One of the biggest sticking points (and flashpoints) for family-owned businesses is determining a fair valuation of the business that all stakeholders can agree upon, or at least accept. Our attorneys help clients evaluate and value businesses, plan and structure the division of businesses among shareholders, and consider the tax implications of actions that impact control.
Succession Planning. Without careful planning and robust communication, it’s difficult for a family founder to leave a legacy business to future generations. At many different levels, Foster Swift helps family businesses plan and execute succession planning, including issues related to planned gifting, business sales, estate planning or part-gift/part-sale transactions.
In addition to these issues, Foster Swift offers a full-range of business and tax law services to help your business stay successful and compliant. In short, Foster Swift can assist with all of the challenges and opportunities that your business faces. Foster Swift has also been named a Tier 1 firm in Closely Held Companies and Family Businesses Law in Lansing by U.S. News – Best Lawyers® in 2025.
Recent Blog Posts
- Turning Lead into Gold: The Legal Chemistry of Converting a Separate Business into a Marital Asset
- Implications of FTC’s Final “Click-to-Cancel” Rule: Simplifying Consumer Cancellations
- Legal-Ease: Steps for When a Loved One Passes Away - Part One
- How to Protect Your Business When the Marriage Fails
- Should Your Family Business Keep a Corporate Minute Book?
Publications & Alerts
- Corporate Transparency Act Blocked by Nationwide Injunction Weeks Before Deadline, Foster Swift Business & Tax Law News E-blast, December 5, 2024
- MDARD to Fund Research on Bird Flu Outbreak Among Mich. Dairy Herds, Foster Swift Agricultural Law News E-blast, June 20, 2024
- Business Update: How will the CTA affect your business?, Business & Tax Law News E-blast, January 16, 2024
- How to Talk to Your Family About Succession Planning, Foster Swift Agricultural Law News, December 19, 2023
- Should You Keep a Corporate Minute Book?, Foster Swift Business & Corporate Law News, December 3, 2021
- Understanding and Avoiding Post-Death Disputes, Foster Swift Agricultural Law News, January 30, 2019
Events
- Back to School: Balancing Careers, Schedules and Divorce, Legal Strategies for Women Leaders, August 7, 2024
- What AI Legal Issues Can Impact Your Business?, Second Wednesday Sessions, March 13, 2024
- Large Farms and Multiple Operations—How do we structure our growing business?, 2024 Take Root Farm Succession & Estate Planning Conference: Presented by Michigan Farm Bureau, February 27, 2024
- How Will the CTA Affect Your Business?, Second Wednesday Sessions, February 14, 2024
- What are the Legal Rights of a Co-op Member?, Michigan Farm Bureau, February 22, 2023
- Creating a Legacy & Maintaining Family Harmony with Effective Planning, Foster Swift Legal Strategies for Women Leaders, October 4, 2022
- Protecting Your Business and Assets when the Marriage Fails, Foster Swift Legal Strategies for Women Leaders, August 9, 2022
News
- Foster Swift Listed in "Best Law Firms" 2025, Best Lawyers in America, November 7, 2024
- Foster Swift Attorneys Named 2025 Best Lawyers in America, Best Lawyers in America, August 15, 2024
- Small Business Month: Foster Swift Highlights Importance of Planning with Legal Resource Advisors, Globe Newswire, May 9, 2024
- MBN Speakers Series: NSBA Todd McCracken & Foster Swift's Robert Hamor Discuss the CTA, Michigan Business Network, October 13, 2022
- Janssen Receives Community Foundation Philanthropy Award, Michigan West Coast Chamber of Commerce, June 6, 2018
- Business Attorneys release series of Legal Essential Videos for Business Start Ups, June 17, 2015