Hands
Off Grandma's China!
The
holidays are a good time to fend
off a family feud in the future.
By Jeanne Sahadi
CNN/Money senior writer
NEW YORK (CNN/Money) – Whether
you've got millions of dollars or
just a set of china and some mementos
to bequeath to your kids, you might
use the holidays as a time to hone
your thinking about the who, what
and how of your will.
Now,
there's no need to conduct a seminar
about your eventual date with eternity
just as everyone's about to dig
in to dinner – 'cause, let's
face it, that's a big downer.
But
you could take a quiet measure of
your relationships with your kids
and their relationships to each
other.
Even
if you think your children would
never squabble over cash, don't
assume they won't argue about your
estate.
"Children
don't just fight over money,"
said estate planning lawyer Les
Kotzer, coauthor of "The Family
Fight: Planning to Avoid It."
They may fight over objects of sentimental
value. Or they may feel resentful
if they suspect their siblings were
privy to more information about
your plans than they were.
So
if you want to help keep the family
peace for years to come, here are
some of Kotzer's suggestions:
"Equal
shares" sounds fair, but it
isn't always. Parents, Kotzer said,
"assume equality is fairness."
But it's not if, for example, you've
given a lot more money to one child
than another during your lifetime.
Maybe you helped one son with a
down payment but not another. Or
you helped your daughter pay for
her kids' educations, while your
other offspring don't have children.
Consider,
too, whether one of your kids is
your caregiver or has provided you
with substantial financial help.
That person might be deserving of
a bigger piece of your estate. (For
ways to compensate a caregiving
child while you're around, click
here.)
Avoid
inadvertent inequality. Often, Kotzer
said, "Parents base their planning
on today's situation." They
may assume a child who is better
off than his siblings will always
be so and doesn't necessarily need
as large a cut. But Kotzler knows
of one situation where a once-flush
son was bankrupt at the time of
his parent's death.
Or
say you plan to leave $5,000 to
one child and a $5,000 baseball
card collection to another. But
by the time your beneficiaries inherit
your estate, those baseball cards
might be worth well over $5,000.
Carefully
consider whom you name executor.
"Parents will often trivialize
who they're appointing as executor,"
Kotzer said. A typical default is
the eldest son.
If
some or all of your kids are capable,
you might ask who among them would
be willing. Not everyone is, so
you might as well find the person
who's happiest to do the job.
If
your kids don't get along, consider
an outside party to distribute your
estate. That's because the executor
can make decisions that will affect
the rest of your family.
For
example, you may empower the executor
to sell an asset such as a family
cottage to raise money. That can
create serious friction if all family
members don't agree with the decision.
Better they be angry at someone
else than each other.
Be
clear what you're bequesting. If
you leave your "antiques"
to someone, does that include some
hunk-a-junk from the 1960s? Kotzer
knows of one family who went nuts
over such nonsense.
Also,
he said, don't bequeath an object
to several people if it can't be
split, like a dining set.
If
you're leaving a large, expensive
item to a child who lives far away,
specify who will pay for freight.
Sentimental
value knows no bounds. You're a
huge part of your children's lives
and their memories. So make sure
they each get mementos they want
and which represent your relationship
to them.
For
starters, specify that each child
gets back what they gave you, Kotzler
said. That way, the crystal vase
your daughter bought you goes to
her and not her blowhard brother-in-law,
whom she never liked.
And
if you're going to leave your jewelry,
leave it to the relatives who really
want it and not to those for whom
it has no meaning.
You
might also ask your kids what they'd
prefer. If two kids want the same
thing, "you'll have to play
Solomon," Kotzer said, but
at least you had the discussion.
Protect
your kids. You may love your second
spouse. But you'll have to insure
that your kids from your first marriage
get what you intend for them to
have. Whether from ignorance, selfishness
or a premature demise, your second
spouse may not set up his or her
will to adequately provide for your
children.
Have
a little chat. A common complaint
Kotzer hears from adult kids is,
'Why didn't my mother tell me this?'
"What I'm finding is there's
no communication between children
and parents," he said.
You
certainly don't need your children's
permission when making inheritance
decisions. It's your estate, after
all. But you can prevent a lot of
potential family feuds if everyone
is made aware of your intentions
and has some sense of your reasoning.
"The
key to creating harmony is the discussion,"
Kotzer said. "And holidays
are a great time to begin the discussion."