Your Family's 100 Year Plan Part III
Deep in the Heart
Michelle Seaton
02/01/2005

Robert's great-great grandfather was a homesteader in Texas when it still belonged to Mexico. The government granted him a choice spread of ranchland near the southern border. Robert’s great-grandfather, the oldest of four children who each inherited an equal portion of the property, was the only one to keep his bequest intact. In the grand Texas tradition, oil was discovered in the family backyard in the early 1930s and they grew rich.

The land remains the nucleus of the family business in the hands of members of the fifth generation. They raise 2,000 head of cattle, lease several large vacation homes that the second and third generations built on the ranch and manage the property’s oil and natural gas mining. Revenues from these concerns flow into trust funds that benefit each branch of the family, including the growing pool of heirs. The story could have taken a very different turn had Robert’s generation decided not to censure the idea of doing as so many Texas ranch families have done: selling acreage parcel by parcel to developers at highly enticing prices. 

A decade ago, the fate of the family business was still undetermined. As head of the family office, Robert—who asked that his last name not be used because his family has agreed not to discuss its commercial operations in the press—knew that profit might trump tradition for some of his siblings, cousins and second cousins: 17 of them altogether. In 1996, he called a family meeting and posed the question: Should they keep the land in one piece or divide it among the three main branches of the family, which could then make their own decisions? Members of the older generation had been adamant about their desire to keep the land in the family. Some had refused to attend the meeting. Those present held their breath.

The vote from the fourth generation was unanimous. They wanted to keep the land intact.

“That was a surprise and a relief,” recalls Robert, who is now 48 and one of the older members of his generation. “I think my father was afraid that the answer would be much different. There was a strong desire to not go down the path that so many ranching families had, which is to partition the land and let everyone do their own thing; the land loses its heritage value.” The family has among its possessions a trove of letters from Robert’s great-grandfather in which he wrote about his love for the land and his wish for the ranch to remain undivided.

Aside from the land and the letters, however, there was little else that united Robert’s generation. The business revenues, already spread ever-thinner with each new generation, were beginning to shrink as oil that once flowed freely became more difficult and more expensive to extract from the ground. By the time they arranged a family meeting in 1996, the arguments had grown contentious, and relationships between family members had become strained. The heirs were in sharp disagreement over the future direction of the family business and their individual roles in it, and were wrestling with thorny questions: Should they turn over the handling of their assets to a professional management company? Should they invest in other potential sources of revenue? Should they invest in new, experimental technologies to better locate and extract oil? Should the business remain, as it had always been, a corporation that distributed all of its profits to the heirs? Even leisure time was a source of conflict. Family members had always used a casual system for dividing access to the central ranch compound among the different family branches, but as the number of families wanting vacation time grew, disputes arose over the amount of time each family could spend at the old homestead.

Even more worrisome was the fact that the family was only loosely bound by a partnership that had to be renewed by majority vote every five years. At each juncture, a small faction of the family could negate a decision that had produced so much good feeling by voting against renewing the partnership, at which point the revenues and land could be fragmented. Because each heir owned his or her interest outright, the family could break up if someone refused to renew the agreement.

Robert was among those who favored the most radical change: to slow or halt the flow of revenue to family members in order to reinvest in the business and expand it. Not everyone agreed. “A lot of families in the same situation have gone into litigation and bitter lifelong resentments,” Robert says. “None of us wanted to see that happen.” In the past eight years, members of generation four have worked hard to keep disagreements at bay. They hired a consultant to help them work through differences and to create a management structure, including a CEO, a board and a process for addressing grievances. Because Robert had been running the family office, he was the most likely candidate to become the CEO who would implement the business plan and report to the board.

Generation four has elected to keep the management of the oil wells within the family business, but reserve some of the profits to invest in new sources of revenue and new technologies to improve oil production. There are family members who disagreed with these decisions, Robert says, but they do approve of the formal process set up to handle disagreements. “That governance has saved us several times,” Robert says. “If people get mad, they can’t disrupt the business, because of the grievance procedures.” The new limited partnership is under a 50-year agreement, enabling it to remain in place until the next generation can place members on the board, which Robert assumes will begin to happen in the next 15 years. “This will give them a chance to keep the structure if they want, or change it in their own way.”

The family has also created a separate family council with members appointed from each family branch to keep relatives in touch with each other, plan family gatherings and reunions and formally parcel out access to the vacation homes. Each branch of the family receives an equal number of weeks at the ranch, and they divide the allotted weeks among their heirs.

Even with these complex issues seemingly in check, Robert realizes that, by assuming the role of CEO, he has placed himself squarely in the middle of family disagreements that might never fully be resolved. “Getting through this process has been a constant exercise in tolerance, sacrifice and willingness to deal with difficult situations,” he says. “My sons are starting to realize that they’ll be taking over someday. I think they’re rolling their eyes, wondering how they’re going to manage it themselves."


Illustration by Jonathan Barkat.

Back to Main Article: Your Family's 100 Year Plan Part III: Fractured Finances