Difficult Discussions

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     Have you ever noticed that some discussions are easier to initiate than other discussions? Interestingly, some of the most difficult discussions are with members of our own family. Perhaps you can recall a few important discussions you have had with your parents, your spouse or your children. Some of the topics for discussion can be rather embarrassing to initiate…by either party. This article will review one topic that every family needs to discuss sooner, rather than later. So, what is this topic? It is your Life & Estate Plan.

The Challenge
     Family members seem to avoid discussions about their personal wealth, whether it is substantial or modest. That said, have you had a frank discussion with your family members about your wealth and your eventual post-mortem plans for it after you are gone? For example: If you have adult children, do they understand the How much do I inherit?, the When is it distributed to me? and the Why are you treating me differently than my siblings? issues regarding their inheritance? If they do not understand now, then you might want to avoid any misunderstandings later. A recent survey, conducted by the AARP/Scudder Investment Program, found that the failure to have this difficult discussion could trigger family fall-outs in the future. The survey of Americans age 50 and over discovered that 20% of the respondents experienced family fights over inheritance issues. However, of the respondents reporting no conflicts, 63% said they had known what to expect in advance and 82% of them believed they were treated fairly.
     These survey results, together with abundant anecdotal evidence, clearly underscore the benefit of meeting the challenge to discuss difficult inheritance issues with your loved ones. Nevertheless, you should address other related issues to avoid unexpected problems.

Incapacity Fiduciaries
     As part of your difficult discussions, be sure to address your plans for avoiding an expensive and embarrassing court process in the event of your incapacity. Let your family know who will be making your personal, health care and financial decisions when you cannot, due to an injury or illness. Will it be one or more family members, third-party professionals, or maybe a combination of the two? While you are at it, be sure to discuss the game plan to handle your potential Long-Term Care needs, including how you plan to pay for it!

Post-Mortem Fiduciaries
     The reality of death can be emotionally and even physically traumatic for the loved ones you leave behind. Even so, many financial and non-financial matters must be resolved promptly and correctly. Final expenses, bills and taxes will not wait to be paid. 
     Your family should know today whom the go-to person or institution would be when the time comes. Do they? This will eliminate any unnecessary surprise and hurt feelings. In addition, such advance notice will give your loved ones time to become acquainted with the post-mortem fiduciaries (e.g. personal representatives and trustees) you have selected, especially if they are third party professionals. Similarly, any non-professionals you may have appointed will have time to prepare for their future duties.

The Treasure Hunt
     Were you incapacitated (or worse) today, who would know where you keep all of your important financial and legal papers? Have you created an inventory of your assets? Have reviewed and recorded the ownership arrangements, as well as the beneficiary designations, regarding these assets? Are the titles and designations current? Will your final legacy to your family include an unpleasant Treasure Hunt through your various papers and effects? To make matters worse, how will they know when the Treasure Hunt is completed? 
     A little bit of time identifying, organizing, valuing and updating your asset inventory now will pay big dividends when your incapacity or post-mortem fiduciaries assume their responsibilities. [Note: During an asset inventory, more than one person has discovered that an ex-spouse is still an unintended co-owner or beneficiary of their assets.]

Conclusion 
     Like most things in life, prior planning is the key to success. However, when it comes to your Life & Estate Plans, the proper planning and open communication today are essential for family harmony later.

 

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