KEEPING
THE PEACE AMONG YOUR HEIRS
03/01
A couple of years ago,
AARP released a study that found that one in five
people receiving an inheritance battled over it with other
family members. The worst fighters were baby boomers age 50
to 53, with a third of them reporting squabbles. It doesn't
have to be that way, say Certified Financial Planner
professionals, if the person passing on the inheritance
follows a few sensible ideas.
Plan.: Don't just leave
everything to your heirs in a pile and let them sort it out.
That's how fights start, and it won't endear you to their
memory. Organize your financial records to make it easier
for your heirs to sort out your estate. Put an estate plan
in place, with an up-to-date will, trusts if necessary, life
insurance, probate avoiders and other strategies. This not
only can minimize the estate tax bite, it will ensure that
your estate goes to those whom you want to receive it. For
example, you might want to use a trust to ensure that part
of your estate goes to your children from a previous
marriage.
Don't be secretive.:
Probably nothing breeds more animosity, not only among heirs
but between heirs and their benefactor, than keeping an
estate plan secret. After you've drawn up a plan, consider
talking it over with your heirs. Explain to them why you've
made certain decisions. Listen to their feedback. You may
want to make adjustments before executing the documents.
This can be a good time to talk
about who gets or wants certain heirlooms or memorabilia.
One of the biggest battles among heirs is over these items,
according to the AARP survey. Write these decisions out in a
letter of instruction that accompanies the will, explaining
who should receive particular items.
Be equitable, not
equal.: Splitting up your estate evenly often is the
worst thing to do, especially if it involves undividable
property such as a family business, the family farm or the
family's second home. It's better to be equitable or fair,
but not equal.
Take a family business, for
example. It's hard enough to keep a family business going
into a second generation without the added burden of
splitting it equally among multiple heirs. Some of them may
not want to be involved in the business, may not be
qualified to run it or will battle each other for control.
Usually it's better to designate one heir to succeed as
owner (preferably someone you've groomed) and compensate the
other heirs with insurance proceeds, other liquid assets
such as noncompany stock, or even with nonvoting stock in
the business itself..
The same principle applies to a
family's second home, where heirs may squabble over its
management and use. Passing the home on to one heir, but
providing equitable compensation to the others, may
alleviate any friction.
Even if easily divided
financial assets such as stock make up the estate, a parent
may want to pass on the estate unequally. Perhaps a child is
disabled and will need lifetime care, or one child is
already wealthy while the other is working hard but in a
lower-paying job. Perhaps one child spent a lot of time
caring for an ill parent and deserves extra. Explaining what
you intend to do and why in these situations will likely
make it easier for all to accept.
Don't disinherit.: It's
not uncommon for parents and children to feud to the point
that a parent cuts a child out of an inheritance. Or they
may worry that the adult child won't be able to handle an
inheritance due to a drug or drinking problem, or a wasteful
habit with money. Such concerns often can be overcome with
the use of trusts stipulating at what age the child receives
the money, or under what conditions, such as graduating from
college. Simply cutting them out of a will can provoke ill
feelings not only toward you but toward those who
inherited.
Understand the psychology of
inheritance.: As strange as it may sound, not everyone
is comfortable receiving an inheritance, especially a large
one. Heirs not well prepared for an inheritance may
experience a sense of guilt because they didn't "earn" the
money or are anxious about how to manage the inheritance.
That can cause tension among multiple heirs. Again,
discussing the inheritance in advance will help. Linking
them up with professional advice also can help ease their
discomfort.
This article was produced by the Consumer Affairs
Dept. of The Financial Planning Association and provided to
you courtesy of Nigel B. Taylor, CFP, Santa Monica,
California. If you have any questions or concerns regarding
this, or any other financial topic and are a resident of
Southern California, please call me at 1-800-444-2237
(California residents only please), or click on the "MORE
INFO" button to arrange for a free initial consultation in
the comfort of your home or office.
 
|