Keeping the Family Legacy in the Family: Estate Planning Lessons from Gaining Ground

For many families, certain assets mean far more than their financial value.

A family farm may represent generations of hard work. A business may have started with one person taking a chance and grown into something that supports children and grandchildren. A piece of land may hold decades of memories and traditions.

These are some of the issues explored in Gaining Ground: The Fight for Black Land, a documentary available to stream through PBS. The film examines Black land ownership in America and the challenges families have faced in preserving land from one generation to the next.

It also provides an important estate planning lesson for all families: wanting something to stay in the family is not the same as having a plan to keep it there.

When There Is No Clear Plan

One of the issues explored in Gaining Ground is "heirs' property." This can occur when property passes through generations without a clear plan for ownership. Multiple descendants may eventually acquire interests in the same property, and those interests can become increasingly divided as additional generations inherit them.

The documentary examines this issue in the context of Black farmers and the significant historical challenges that have contributed to the loss of Black-owned farmland. However, the underlying planning concern can affect any family.

In Pennsylvania, if someone dies without an estate plan directing the distribution of property, state intestacy laws determine who inherits it. Even when property passes to the intended family members, problems can arise when several people become owners but have very different ideas about what should happen next.

One child may want to preserve the property. Another may need the money and want to sell. Others may live elsewhere and have little interest in maintaining it.

That is why estate planning should consider more than simply who receives an asset. It should also consider what happens to that asset afterward.

Planning to Preserve Important Family Assets

If your goal is to keep a farm, family property, business, or other meaningful asset within the family, there are planning strategies that can help.

Depending on the circumstances, that may involve a Will, trust, LLC or other ownership structure, carefully coordinated deeds and beneficiary designations, or a combination of these tools.

There is no single structure that works for every family. The goal is to create a plan that reflects what you actually want to happen while also considering how the asset will be owned, managed, and eventually transferred.

Clear planning can also help prevent family members from being left to determine what you "would have wanted." While an estate plan cannot guarantee that everyone will agree, it can remove much of the uncertainty that often leads to conflict.

Family Businesses Need a Succession Plan Too

The same principles apply to family-owned businesses.

Simply dividing a business equally among your children may sound fair, but it does not necessarily create a successful transition. One child may work in the business while another does not. One may want to continue operating it while another would prefer to receive the value of his or her interest.

A business succession plan can address who will own the company, who will control its operations, how family members who are not involved in the business will be treated, and how the transition will be funded.

These decisions are much easier to address while the current owner is available to make them rather than leaving the next generation to work through them after a death.

A Timely Conversation for Pennsylvania Families

The issue of heirs' property has also received attention here in Pennsylvania. In 2025, lawmakers introduced Senate Bill 890, which is aimed at providing greater protections for families when inherited property is jointly owned by multiple family members and one or more of them seeks to have the property divided or sold.

Regardless of how that legislation develops, the larger lesson remains important.

Whether you own a family farm, a closely held business, a vacation property, or simply the home where your children grew up, it is worth asking:

What do I want to happen to this property after I am gone?

Once you know the answer, your estate plan can be designed around that goal.

A Legacy Needs a Plan

What I appreciate about the conversation raised by Gaining Ground is the reminder that building generational wealth is only part of the equation. Families also need to think about how what they have built will successfully pass to those who come next.

Most people work hard because they hope what they build will make life better for their families. Thoughtful planning can help ensure that the legacy you spent years creating does not become a source of uncertainty or conflict for the next generation.

A legacy may take generations to build. Taking the time to plan for its future can help give the next generation the opportunity to preserve it.

If you would like to discuss how your estate plan or business succession plan can help protect what you have built and prepare for the next generation, I invite you to use the link below to schedule a free consultation with my office. I would be honored to assist you.