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.
Owning a business comes with constant responsibility. You manage employees, customers, contracts, and finances while trying to keep everything moving forward. Because of that, many business owners delay estate planning until “later.”
The problem is that business planning and family estate planning are not the same thing. A business succession plan helps protect the future of your company. An estate plan helps protect your family, personal assets, and legal wishes. Without both plans working together, your family and your business could face unnecessary stress if something unexpected happens.
For many Texas entrepreneurs, working with an estate planning attorney in Boerne can help create a coordinated strategy that protects both the company they built and the people they care about most.
Many people assume their will or trust covers everything automatically. In reality, business ownership creates additional planning concerns that personal estate documents may not address.
A business succession plan focuses on:
An estate plan focuses on:
These plans should support one another, but they serve different purposes.
| Issue | Business Succession Plan | Estate Plan |
| Who runs the company? | Identifies future leadership | Usually not addressed directly |
| What happens after incapacity? | Maintains operations and decision-making | Uses powers of attorney and healthcare documents |
| Who inherits assets? | May transfer ownership interests | Names beneficiaries and heirs |
| Probate concerns | Helps maintain company continuity | May help certain assets pass outside probate |
| Family conflict prevention | Clarifies business expectations | Clarifies inheritance wishes |
Even successful companies can face serious disruption if the owner becomes incapacitated or passes away unexpectedly.
Imagine you own a family construction business in Boerne. You handle vendor relationships, payroll approvals, and major client decisions personally. If something suddenly happens to you, several problems may arise immediately:
Without clear instructions, family members and employees may struggle to keep the business operating smoothly.
If your company has multiple owners, a buy-sell agreement may become an important part of your planning.
This agreement can establish:
Without an agreement, surviving family members and business partners may disagree about control of the company or future operations.
While a succession plan focuses on the business itself, an estate plan focuses on your personal wishes and family protection.
In Texas, estate planning often includes:
These documents can help provide instructions if you become incapacitated or pass away.
Probate is the legal process used to transfer assets after someone dies. In Texas, probate is often more streamlined than in some other states, especially when independent administration is available.
Even so, many families still prefer planning strategies that may reduce court involvement, delays, or uncertainty.
In Texas, properly funded revocable living trusts and beneficiary designations may allow certain assets to pass outside of probate. However, the right strategy depends on your specific assets, business structure, and family situation.
Problems often arise when business documents and estate documents do not align.
For example, imagine a business owner leaves equal ownership of the company to three children through a will. Only one child actively works in the business, while the others expect financial distributions or want to sell their interests.
Without additional planning, this situation may create:
Good planning helps clarify expectations before a crisis occurs.
A coordinated approach may also help address:
Legal documents are important, but communication also plays a major role in successful planning. Business owners often benefit from discussing their intentions with family members, business partners, key employees, and trusted advisors before a crisis occurs.
These conversations can help reduce misunderstandings about leadership changes, ownership expectations, and long-term goals for the company. Many business succession disputes happen because loved ones are caught off guard after an unexpected illness or death.
Your business may represent years of hard work, sacrifice, and long-term planning. Taking steps now to protect both your company and your family can help create more stability during unexpected situations.
At McCammon Law, P.C., we help Texas business owners create personalized estate planning and business succession strategies based on their goals, assets, and family dynamics. If you are unsure whether your current plan fully protects your business and loved ones, it may help to review your options with an estate planning attorney in Boerne. Request a consultation to learn more.
References: Kiplinger (March 24, 2026) “Think You’re Too Busy to Do an Estate Plan? In 3 Hours (Seriously), You Could Save Your Heirs Months (or Years) of Stress and Heartache” and MSN (March 28, 2025) “Learn From Rupert Murdoch’s Errors—Create a Succession Plan Today to Protect Your Company’s Legacy”
Boerne/San Antonio Office
602 Frey Street,
Boerne, TX 78006
Office Hours
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Friday: by appointment only
closed during lunch at 12:30pm-1:30pm
