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Sangita Rousseau 02/17/2021 Every family faces a unique set of circumstances when it comes to
wealth, financial planning and thinking about the future. But no matter
the situation – whether you have many children or none, whether they’re
still in school or grown with a family of their own, whether you’re
married or divorced – it is essential to consider your individual
beneficiaries’ circumstances when it comes to estate planning. Perhaps
you are worried about substance abuse, a son- or daughter-in-law who is
irresponsible with money or has mental illness, or siblings with
different levels of motivation; perhaps you simply want to incentivize
certain behaviors in the future. All of these situations can be
addressed thoughtfully and effectively in your estate planning
documents. There are several myths about how estates must be
distributed that can lead to lots of worry about what will happen to a
“wild child†in the future and stress about family dynamics. Disinheriting a beneficiary
is more common than you think. Sometimes, disinheriting happens for a
variety of reasons that have nothing to do with disapproval of a
potential beneficiary’s lifestyle choices. For example, if you have a
family member who is disabled, you may opt to leave more assets to that
beneficiary to ensure their medical or caregiving needs will be met in
the future, thereby leaving less to your other beneficiaries. In other
cases, ranging from wanting to protect assets from a spendthrift
beneficiary to equalizing distributions when major financial gifts have
been made during life, you may choose to make disproportionate
allocations. If you have helped one child with a down payment on a home
but your other child has not settled down enough to be ready to handle
homeownership, you may want to leave the non-homeowner child additional
funds from your estate to make up for helping the first child buy a
home. No matter the reason for disinheriting completely or making
unequal distributions, it is a best practice to explain either in your
estate documents or in a separate letter the rationale behind your
decision so as to avoid the possibility of a claim against the estate or
even just hard feelings among family members. In
actuality, we recommend that you re-evaluate your estate-planning
choices periodically. Situations change, hopefully in a positive
direction, and you can revise your estate documents to provide
incentives for your beneficiary to continue making progress. Of
course, you won’t have direct control after you pass. You can, however,
make specific provisions in your trust to incentivize desired
behaviors. Examples include establishing trusts for beneficiaries that
call for the trustee to make a certain dollar amount or allow
distributions of percentages of the assets of the trust upon achieving
certain life milestones. You can provide a specific distribution
contingent upon the graduation from college or completion of a technical
education program, the purchase of a car if the beneficiary holds a job
for a year or an allowance to cover housing and food expenses if a drug
rehabilitation program is completed. You can also stagger the
distribution schedule – say, 25% distribution at age 25, 35% at age 30
and the balance at age 35 – so that a beneficiary cannot burn through
their inheritance all at once. It is possible to treat the share
of inheritance for one beneficiary differently than others. You can
allow one (financially responsible) child to access their share of the
estate in one lump sum, establish a trust for the second child who is
still finding their path in life with the ability to access the assets
in a staggered fashion, and put the third child’s share in an incentive
trust to encourage more responsible behavior in the future. Certain
types of trusts allow you to name someone to help your beneficiary
manage their inheritance. While you may not want to burden a family
member or friend with the responsibilities of being a trustee,
particularly if you have a serious or long-term situation with the
beneficiary, such as mental illness or substance abuse, you can name a professional trustee
to assume the administrative responsibilities of a trust. While there
are costs associated with hiring a corporate trustee, they are a small
price to pay for the peace of mind in knowing that your loved ones, even
the black sheep of the family, are receiving their inheritance under
the best possible circumstances. Even under the best of
circumstances, estate planning can be difficult. No one wants to think
about their passing, and it’s natural to worry about your family’s
well-being, cohesion and quality of life. But rather than avoid the
subject or struggle to grapple with it on your own, discuss the options
available with your financial adviser and estate planning attorney. They
can help you determine the most effective and thoughtful way to
structure your estate to accomplish your legacy goals. You may also access this article through our web-site http://www.lokvani.com/ |
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