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Handing over the family business

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DON ANSLOW<br />

<strong>Handing</strong> <strong>over</strong> <strong>the</strong><br />

<strong>family</strong> <strong>business</strong><br />

Austin Van Meter is only 13 years old, but his fa<strong>the</strong>r, Ron,<br />

already has a succession plan in place to ensure a smooth<br />

transition of <strong>the</strong> <strong>family</strong> <strong>business</strong>, even if Austin opts for a<br />

different career.<br />

Plan ahead To Transfer WealTh and haPPiness<br />

By Don Anslow<br />

ith <strong>the</strong> passage of a $7.5 million exemption from<br />

<strong>the</strong> state’s 9 percent estate taxes on agricultural<br />

property this Legislative Session, Oregon nursery<br />

owners were recently given a strong incentive to<br />

keep <strong>the</strong> “<strong>family</strong>” in <strong>family</strong>-owned <strong>business</strong>es. The exemption<br />

applies only if <strong>the</strong> property is passed to a <strong>family</strong> member and<br />

remains in agricultural production for five of <strong>the</strong> next eight years.<br />

Jeff Stone, <strong>the</strong> OAN’s director of g<strong>over</strong>nment relations, explains<br />

<strong>the</strong> importance of pursuing this legislation. “The enthusiastic support<br />

we received from Republicans and Democrats alike speaks<br />

to <strong>the</strong> importance legislators placed on passing on <strong>the</strong> nursery or<br />

farm from one generation to <strong>the</strong> next. Estate tax reform was a priority<br />

for <strong>the</strong> nursery industry, and I am pleased that <strong>the</strong> association<br />

was able to deliver a significant victory to our members.”<br />

Now, more than ever, succession of nursery ownership to <strong>the</strong><br />

<strong>family</strong> remains an attractive option, but it is not without its pitfalls.<br />

Like any <strong>business</strong> transaction, <strong>the</strong> transfer of assets (or operations)<br />

between generations is best handled with a plan and a strategy.<br />

The owner contemplating retiring after an orderly transfer of <strong>the</strong><br />

<strong>business</strong> to his <strong>family</strong> with tax protection under this new law must,<br />

at <strong>the</strong> very least, prepare his <strong>family</strong> for a minimum of five years of<br />

operations. An owner choosing to gift his assets to his <strong>family</strong> faces<br />

a lengthy process constrained by federal limitations, and an owner<br />

choosing to “take <strong>the</strong> money and run” faces huge tax burdens<br />

38<br />

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SEPTEMBER 2007 ▲ DIGGER 37<br />

DON ANSLOW


KEVIN CURRY<br />

BUSINESS SUCCESSION<br />

Ron Van Meter’s college education was<br />

interrupted to take <strong>over</strong> <strong>the</strong> <strong>business</strong> his<br />

fa<strong>the</strong>r started, and he wants to give his son<br />

a chance to pursue his dreams beyond <strong>the</strong><br />

nursery before deciding whe<strong>the</strong>r he will<br />

accept <strong>the</strong> responsibility.<br />

and uncertain real estate selling cycles<br />

— not to mention <strong>the</strong> emotional and<br />

financial impact upon his successors.<br />

The formulation of a successful<br />

plan — sooner, not later — is vital to<br />

preserving <strong>family</strong> assets. But as Ron Van<br />

Meter of Van Meter & Son Nursery in<br />

Boring, Ore., disc<strong>over</strong>ed, <strong>family</strong> assets<br />

include far more than financial capital.<br />

Ron is an active participant in an ongoing<br />

succession plan. The emotional<br />

health and happiness of all parties are<br />

a vital consideration in such plans. He<br />

should know; he has seen succession<br />

from both sides.<br />

Ron’s fa<strong>the</strong>r, Morris, started <strong>the</strong><br />

nursery <strong>over</strong> 35 years ago in <strong>the</strong> <strong>family</strong>’s<br />

backyard. It grew <strong>over</strong> <strong>the</strong> years<br />

to become a 550-acre, highly efficient<br />

<strong>business</strong> — very different from its<br />

humble beginnings. In 2004, Morris<br />

and his son started to discuss how<br />

Morris would retire, and <strong>the</strong>n in 2005<br />

he did. One year was insufficient time<br />

to execute <strong>the</strong> transfer of <strong>the</strong> <strong>business</strong><br />

without unnecessary hardships, not <strong>the</strong><br />

least of which was giving up school.<br />

Ron explains: “One of my biggest<br />

regrets is only being able to complete<br />

two years of college because I came<br />

38 SEPTEMBER 2007 ▲ DIGGER<br />

back to work in <strong>the</strong> <strong>family</strong> <strong>business</strong><br />

and could never go back. I would have<br />

been a better partner to my fa<strong>the</strong>r and<br />

our associates if a process had been<br />

in place for <strong>the</strong> transition between my<br />

fa<strong>the</strong>r and myself.”<br />

With insight gained from that trying<br />

experience, Ron sums up <strong>the</strong> bottom<br />

line for a good plan. “One goal is that<br />

you maintain your friendship during<br />

<strong>the</strong> process,” he says. Clearly, Ron<br />

understands that succession is a twoway<br />

street. “It is my responsibility to<br />

see that [<strong>the</strong> next] succession is done<br />

in such a manner that <strong>the</strong> long-term<br />

ramifications are beneficial to <strong>the</strong> one<br />

transferring and <strong>the</strong> one receiving,” he<br />

adds.<br />

During a recent tour of Van Meter<br />

Nursery, a visitor mused that while<br />

Ron’s 13-year-old son, Austin, worked<br />

hard at trimming an endless line of<br />

grafted conifers, <strong>the</strong> foresight of Ron’s<br />

plan was striking. Yet Ron has already<br />

implemented a succession plan with<br />

<strong>the</strong> assistance of Doug Sippel, president<br />

of Titan Financial Associates.<br />

True wealth planning<br />

Sippel approaches <strong>the</strong> process by<br />

first helping clients and <strong>the</strong>ir families<br />

understand <strong>the</strong> value of <strong>the</strong>ir assets.<br />

Sippel notes that when asked to define<br />

<strong>the</strong>ir assets, most people’s answers<br />

usually include <strong>the</strong> expected: Business,<br />

real estate, stocks, cash, etc. But when<br />

he poses a simple question: “What is<br />

your most important asset?” <strong>the</strong> answers<br />

are far different.<br />

“If you have never asked yourself<br />

this question, you should,” he says.<br />

Sippel reports that people’s answers<br />

usually come down to: “my health,<br />

my <strong>family</strong> and my integrity.” He points<br />

out that <strong>the</strong>re are four types of capital<br />

which make up what he coins “True<br />

Wealth”:<br />

• Financial Capital — Monetary<br />

assets with a dollar value.<br />

• Human Capital — Includes values<br />

and virtues that prepare heirs to<br />

manage <strong>business</strong> with character, ethics,<br />

morality and integrity.<br />

• Intellectual Capital —<br />

Knowledge, training and experience.<br />

• Social Capital — Things you<br />

cannot keep: charitable gifts or taxes.<br />

Sippel’s True Wealth concept does<br />

not <strong>over</strong>look <strong>the</strong> obvious financial<br />

requirements addressed in traditional


estate planning, but additionally provides<br />

“tools” for <strong>the</strong> optimum transfer<br />

of wealth, particularly <strong>the</strong> o<strong>the</strong>r three<br />

less tangible capitals. The most significant<br />

tool is <strong>the</strong> drafting of a Family<br />

Financial Philosophy. This document<br />

defines financial independence and<br />

your <strong>family</strong>’s capital legacy according<br />

to your expressed values; it g<strong>over</strong>ns<br />

<strong>the</strong> planning and implementation processes<br />

and provides a road map for<br />

your successors like no o<strong>the</strong>r document<br />

— including a will — can. O<strong>the</strong>r<br />

tools include:<br />

• Developing a <strong>family</strong> communications<br />

system.<br />

• Teaching young heirs <strong>the</strong> values<br />

and responsibilities associated with<br />

financial wealth, and creating mentorlike<br />

relationships in trusts or LLCs.<br />

• Transferring authority and responsibility<br />

to young heirs as appropriate.<br />

Family involvement:<br />

communicate your wishes<br />

Sometimes, without meaning to,<br />

parents can allow <strong>the</strong> succession planning<br />

process to become something<br />

<strong>the</strong>y do to <strong>the</strong>ir children ra<strong>the</strong>r than<br />

with <strong>the</strong>m.<br />

“When appropriate,” Sippel explains,<br />

“<strong>the</strong> children — even <strong>the</strong> grandchildren<br />

— should be included in <strong>the</strong> process.<br />

Think of your job as a manager ra<strong>the</strong>r<br />

than an owner. Good managers do<br />

not consider <strong>the</strong> assets as <strong>the</strong>ir own,<br />

but (know <strong>the</strong>y are) charged with <strong>the</strong><br />

responsibility to be good stewards of<br />

<strong>the</strong> assets under <strong>the</strong>ir control. Part of<br />

that job is building a good warehouse<br />

to hold those assets. This warehouse is<br />

<strong>the</strong> people who will be given <strong>the</strong> job of<br />

managing <strong>the</strong> assets after you turn <strong>the</strong><br />

job <strong>over</strong> to <strong>the</strong>m. So focus on preparing<br />

your heirs with <strong>the</strong> character, integ-<br />

BUSINESS SUCCESSION<br />

rity, self-confidence and ethics to be<br />

excellent stewards in <strong>the</strong>ir own right.”<br />

In <strong>the</strong> case of <strong>business</strong> exit planning,<br />

where time constraints for tax,<br />

training and o<strong>the</strong>r considerations are<br />

paramount to <strong>the</strong> success of <strong>the</strong> <strong>business</strong><br />

under <strong>the</strong> young successor’s leadership,<br />

Sippel points out that all too<br />

often time runs out — or at least runs<br />

too short. “There are cases when <strong>the</strong><br />

parent waits too long to communicate<br />

<strong>the</strong>ir real desires, and children get sent<br />

<strong>the</strong> message that mom or dad is going<br />

to be in charge until <strong>the</strong>y die. Even if<br />

this is not <strong>the</strong> intent, it is communicated<br />

through actions.”<br />

In his experience Sippel has<br />

observed that such miscommunication<br />

can lead to successors (or key employees)<br />

being ill-prepared to assume<br />

effective leadership of a <strong>family</strong> busi-<br />

40<br />

▲<br />

SEPTEMBER 2007 ▲ DIGGER 39


40 SEPTEMBER 2007 ▲ DIGGER<br />

BUSINESS SUCCESSION<br />

ness. O<strong>the</strong>r common issues are <strong>the</strong><br />

unneeded diversion of a young person<br />

from a different — and possibly more<br />

appropriate — career because <strong>the</strong>y feel<br />

unsupported in pursuing it. Or, as with<br />

Ron and his fa<strong>the</strong>r, a young person can<br />

be interrupted in <strong>the</strong> middle of an education.<br />

In any case, poor communication,<br />

<strong>the</strong> lack of a plan and <strong>the</strong> absence<br />

of a philosophy make continuity of<br />

good stewardship a needless struggle.<br />

At Van Meter & Son Nursery, Ron<br />

operates his <strong>business</strong> with a keen sense<br />

of such stewardship and with <strong>the</strong> values<br />

and discipline to achieve success on a<br />

variety of levels. Business, including<br />

monitoring of succession parameters,<br />

is g<strong>over</strong>ned through a strategic plan<br />

with 1-, 5- and 10-year goals, which are<br />

monitored monthly.<br />

On a bright summer morning, a<br />

recent visitor noted not only young<br />

Austin Van Meter’s diligent labors, but<br />

also <strong>the</strong> well-used motocross motorcycle<br />

standing proudly in <strong>the</strong> back of<br />

his fa<strong>the</strong>r’s truck — Austin’s cycle as it<br />

turns out. Clearly <strong>the</strong> young Van Meter<br />

has interests beyond plants. In fact, he<br />

is an avid, and rapidly advancing, junior<br />

motocross rider. Could his life’s passions<br />

stray from receiving a <strong>business</strong> that his<br />

fa<strong>the</strong>r so carefully tends? It may not<br />

look that way on a day when fa<strong>the</strong>r and<br />

son are engaged in a thriving <strong>business</strong><br />

that brings <strong>the</strong>m toge<strong>the</strong>r in a healthy<br />

enterprise that serves <strong>the</strong>m both well on<br />

ledgers of financial and human capital.


However, Ron Van Meter acknowledges<br />

that it is a distinct possibility.<br />

The presence of such a plan gives<br />

Ron <strong>the</strong> confidence to face <strong>the</strong> future<br />

with his son’s happiness as <strong>the</strong> prime<br />

goal. “If I really love him, I must give<br />

him a chance to gain independence<br />

and a sense of self-worth separate<br />

from me or this <strong>business</strong>.” But whe<strong>the</strong>r<br />

Austin settles on a path to — or away<br />

from — <strong>the</strong> nursery, <strong>the</strong> Van Meter<br />

succession plan is designed to remain<br />

flexible enough to accommodate such<br />

eventualities without threatening his<br />

son’s aspirations or Ron’s retirement.<br />

Ron explains <strong>the</strong> rationale underpinning<br />

a sound plan. “If your objective<br />

is only to transfer money, <strong>the</strong>n it<br />

becomes very selfish,” he says.<br />

Drawing on <strong>the</strong> values of <strong>the</strong> True<br />

Wealth philosophy, he concludes, “It<br />

is my responsibility as a parent to gain<br />

BUSINESS SUCCESSION<br />

<strong>the</strong> experience and plan for all facets of<br />

<strong>the</strong> <strong>business</strong> transition. I want my son<br />

to be able to stay true to his dreams<br />

… and know that he is supported and<br />

loved in any decision that creates a<br />

healthy life for him.”<br />

Ultimately, no enterprise’s future<br />

is a sure thing. But with <strong>the</strong> help of<br />

Oregon’s more generous estate tax<br />

laws, an understanding of Sippel’s succession<br />

planning principles, and with<br />

a commitment — like that of Ron Van<br />

Meter — to an heir’s happiness, <strong>the</strong><br />

future for Oregon’s <strong>family</strong> owned nurseries<br />

looks bright.<br />

Don Anslow is a Portland area freelance<br />

writer. He can be reached at<br />

(503) 819-4460. Doug Sippel of Titan<br />

Financial Associates contributed heavily<br />

to this story. He can be reached at (503)<br />

629-0810 or dsippel@titanfa.com.<br />

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SEPTEMBER 2007 ▲ DIGGER 41

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