Return To Index
The biggest arguments a family can participate in are usually centered on
money. Many of these arguments occur at the passing of a shared relative, after
which the inheritance is distributed. To ensure that such an argument does not
take place at the distribution of your estate, there are a few concepts to
consider:
· Plan early and completely. A complete estate plan can be created
with your attorney, financial advisor, and the executor of your will. If your
heirs are left to decide for themselves who is entitled to what, a huge family
fight is inevitable. Your estate plan should be well organized and all
encompassing. This includes considering creating an itemized inventory of all
your belongings, and after discussing with your heirs, determining which of your
belongings will go to whom. You could also plan to include a letter of
instruction with your will, which specifies this information. This can ensure
that a valuable heirloom is not lost, and fights over possessions can be
avoided.
· Keep heirs informed. By withholding information about inheritance,
you could end up surprising your heirs, and not necessarily in a good way.
Without speaking to them first and listening to their feedback, you may risk a
battle between your heirs upon your death, when your wishes are revealed.
· Be fair, but not necessarily equal. This is especially important
when leaving an undividable asset, such as a family business, house or car.
With a family business, if at least one of the heirs is involved in the
business and would want to continue it after your death, you could still
provide fair endowments to your other heirs. Insurance proceeds, liquid assets,
or even stock in the business itself could give ample proceeds to the rest of
the heirs, and, although the assets may not be worth as much as the business,
they are a reasonably fair amount.
There may be other reasons to distribute your estate unequally. If one of your
heirs is financially secure, while the other, although hardworking, still
struggles or has more dependents, it may make more sense for the struggling
heir to receive more. If one child has spent time caring for you, or has
special financial needs like paying for lifetime care for a disabled dependent,
this would also be grounds on which to distribute the funds unevenly.
· Never disinherit an heir. If, as a result of a disagreement, a
parent writes a child out of a will or feels that the heir would not
appropriately use the funds (i.e. an alcoholic or drug user, or a poor manager
of money), the parent would be generating a great deal of animosity between the
excluded heir and all others. You could require that the child be a certain age
before becoming entitled to the funds, or that they graduate college first. By
removing an heir from the will, you will not only create bad feelings towards
those still in the will, but also towards your memory.
· Understand the emotional effects of inheritance. Sometimes an heir
is not prepared for the inheritance, especially if it is a large one. They
could feel that they were not truly entitled to it, or that they had not earned
it fairly. Discussing these matters ahead of time will certainly help your
heirs to be better prepared, and ease a great deal of anxiety when the event
comes. You can also recommend that they speak with a financial advisor.
Return To Index