Solutions
Family Business & Real Estate
An operating business inside a trust needs an administrator who understands the difference between owning an interest and running the company.
Descriptions on this page reflect a proposed service model. Opes is not chartered and does not currently provide fiduciary services.
Overview
Closely held businesses and real estate entities require a trustee comfortable with governance documents, distributions, and entity-level decision-making. Our proposed model is designed to hold these interests without interfering with day-to-day operations.
Where the complexity sits
- Voting and non-voting interests in closely held companies
- Operating agreements, buy-sell provisions, and succession terms
- Property-level debt, guarantees, and lender consent requirements
- Environmental and liability exposure in real property
- Distributions that depend on entity cash flow rather than portfolio yield
- Family employment and compensation questions inside the business
Proposed approach
How we intend to administer it.
01
Entity-aware administration
Governing documents, cap tables, and manager appointments are intended to be maintained as part of the trust record.
02
Special-purpose direction
Where the instrument provides, a special holdings director or business committee may retain authority over the business interest.
03
Insulated liability
Structures are reviewed with the family's counsel so that entity-level exposure is addressed before funding, not after.
04
Succession continuity
Ownership transitions across generations are documented so the next trustee, manager, or family member inherits a complete history.
Working with the existing team
The family's attorney drafts and advises on governance. Management continues to operate the business. Opes would hold and administer the interest under the terms of the instrument, following regulatory authorization.
Related practices
Opes does not provide legal, tax, investment, or accounting advice. Whether any structure described here can be administered depends on the governing instrument, applicable law, fiduciary acceptance, and receipt of regulatory authorization.