The lawyer can play a role in the education of mom and pop that the kids need to get the business to work. It may make more sense for one partner to make a down payment for a house than to get the business' pots and pans and delivery vehicles.

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The business has a much greater likelihood of survival if you take an approach that emphasizes survival of the business. The focus needs to be less on splitting each asset 50/50 as it is on taking a holistic approach and seeing that some assets will wind up on the wife's side of the ledger and some on the husband's side of ledger.

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