Can we take temporary steps while the legal issue over planning what happens to a small business after death or incapacity is unresolved?

While everyone is waiting for the legal question to be resolved, preserve the property, maintain insurance, limit payments to authorized expenses, and keep a written record of each action. For a state specific analysis, buy sell agreements, operating agreements, insurance funding, powers of attorney, and trust planning can be coordinated so the business has authority to continue while the family receives fair value. For the issue described here, a will alone may transfer an ownership interest but may not solve immediate management, valuation, funding, or buyout issues. State specific law often controls estate administration, trusts, property rights, and family claims, so before anyone takes a step that could be difficult to unwind, a local lawyer should review the controlling documents and current court or title record.