Kendall and Bexar County Estate Planning
Texas Estate Planning Blog
Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.
Many business owners spend years building a successful company, but put off planning for what happens if they become incapacitated, retire, or pass away. Some assume their family will “figure it out” later. Others believe succession planning only matters when they are close to retirement.
The problem is that waiting too long can create serious risks for your business and your loved ones. A missing or incomplete succession plan may lead to disputes, operational problems, and financial stress at the worst possible time. For many companies, the biggest mistake is failing to create a complete plan that covers both leadership decisions and digital business access.
When people think about succession planning, they often focus on one question:
Who will take over the business?
That is important, but it is only one part of the process. Many business owners overlook the systems and information needed to keep the company operating day-to-day.
Today, businesses rely heavily on digital tools and online platforms. Payroll systems, customer databases, accounting software, vendor accounts, websites, and cloud storage may all require passwords or special access permissions.
If only one person controls those systems, the business can quickly face problems if that person becomes unavailable.
This issue is becoming more common in family businesses and closely held companies across Texas.
Many businesses in Fredericksburg are family-owned or locally operated. Owners often wear multiple hats and personally manage finances, operations, and customer relationships.
That creates efficiency while everything is running smoothly. However, it can also create a single point of failure.
Imagine this situation:
Even profitable businesses can struggle under these conditions.
Without proper business succession planning, Fredericksburg business owners may leave their families and employees facing confusion and uncertainty during an already difficult time.
A strong succession plan is about continuity and control. It should provide clear instructions and legally enforceable documents that help the business continue operating.
Depending on your situation, your plan may include:
Your plan should clearly identify:
This can help reduce family conflict and uncertainty.
A power of attorney allows someone you trust to act on your behalf if you become incapacitated.
Without this document, family members may need court involvement before they can manage certain business or financial matters.
For businesses with multiple owners, buy-sell agreements can help establish what happens if an owner retires, becomes disabled, or passes away.
These agreements may help prevent disputes and provide a clear path forward for the remaining owners.
This is one of the most overlooked parts of modern business planning.
Your business may depend on:
A succession plan should address who can legally access and manage these assets if something happens to you.
Many business owners assume their family members will work together during a crisis. Unfortunately, uncertainty can create tension quickly.
One child may believe they should run the company because they have worked there for years. Another may expect equal control because they are an heir. Spouses, business partners, and employees may all have different opinions about what should happen next.
Clear planning can reduce misunderstandings before they turn into legal disputes.
A personalized estate and succession plan allows you to communicate your wishes clearly while helping protect the value of the business you worked hard to build.
One common misconception is that succession planning only matters near the end of a career.
In reality, planning is important for unexpected events such as:
Creating a plan while your business is stable gives you more flexibility and control over the outcome.
It also allows you to review and update your strategy as your business grows or your family circumstances change.
Business owners often separate their estate plan from their business planning. That can create problems later.
Your wills, trusts, ownership documents, and succession instructions should work together. If they conflict, your family and business partners may face delays or confusion.
For example, a trust may leave ownership interests equally to children, while business documents name only one child as the future manager. Without coordination, this can create disagreements and operational challenges.
An estate planning attorney can help evaluate how these pieces fit together based on your goals, family structure, and business needs.
Your business may represent decades of hard work, relationships, and financial investment. Without a clear plan, unexpected events can place stress on your family, employees, and the future of the company.
At McCammon Law, P.C., we help Fredericksburg business owners create personalized succession and estate plans designed to protect both their families and their companies. Planning ahead may help reduce uncertainty, preserve business continuity, and give you greater control over what happens next. Request a consultation today to learn more.
References: Next avenue (Dec. 12, 2023) “How to Make Your Business Outlive You” and Forbes (Sep. 30, 2025) “Overlooked Succession Risk: Your Business' Digital Assets”
Boerne/San Antonio Office
602 Frey Street,
Boerne, TX 78006
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