Many of this writer's clients
emphasize that they don't want arguments among their loved
ones after their passing. But, "you don't know your family
until you've shared an inheritance with them." While money
itself may be neutral, the love thereof is destructive, both
to the person so afflicted and to those around him or her. It
can even destroy your estate plan.
Be honest with yourself when planning
your estate. If your loved ones, or some of them, are
afflicted with the love of lucre, plan carefully to reduce or
eliminate incentives and opportunities to dominate others for
gain. Lifetime patterns of dominance and submission between
children often simply continue or are exacerbated in your
estate administration after your death, but can be ameliorated
by carefully forethought.
First, carefully select your
fiduciaries – executor, agent under power of attorney,
trustee. Make sure that he or she is able to resist the
temptation for personal gain at the expense of your
beneficiaries, and to withstand the intensity of impecunious
or acquisitive demands from your loved ones.
If no one in your family can fill the
bill, consider a professional or corporate executor or
trustee. Companies such as banks and trust companies, and
local professionals such as accountants and attorneys can
provide fiduciary services for a fee. Make sure your
professional or corporate fiduciary will be attentive to your
family. If your estate is large or complex, you might have to
weigh the greater capability of a large but distant corporate
fiduciary against the greater attentiveness of a local
professional fiduciary.
A trustee committee, consisting of a
family member and a professional or corporate fiduciary, can
provide some of that balance. The family member, knowing the
needs and personalities involved, can provide insights easily
overlooked by a corporate fiduciary, while the professional or
corporate fiduciary often supplies more consistent
administration and a "relief valve" for the family fiduciary
besought by beneficiaries.
The selection of your fiduciary, while
often simple, sometimes requires great forethought and
planning.
Second, think through your
distribution carefully. "All to my children in equal shares"
sounds simple, but masks the necessity of appraising and
distributing your tangible personal property – your "stuff" –
based on dollar value. A better formulation might take into
account past promises and known proclivities to distribute
items based on a distribution list or at the discretion of a
trusted executor. Remaining assets can then be divided as you
have determined.
The requirement that your executor
"sell all my assets and distribute the proceeds" can eliminate
arguments about who gets what, but can also simply postpone
the argument to the date of the auction, as children are
forced to bid against each other for what they want.
There is simply no substitute for
thinking things through for yourself.
Third, be sure your will or trust is
out of reach of your beneficiaries. Storing the document in
the house or other known, accessible location gives an
unscrupulous child the ability to change your carefully laid
plans by "losing" the will or trust.
You can deposit your will (but not a
living trust) for safekeeping with the Register of Wills of
the county in which you reside. The cost is only five dollars,
and only you can withdraw your will from their vault. You
receive the satisfaction of knowing that this documentation of
your wishes is physically safe from the vagaries of life such
as house fires, and also protected from those who would alter
your intentions for their own advantage.
Some attorneys will retain your
documents for you. While this is initially attractive, if that
attorney goes out of business, your documents can be lost.
This writer is the custodian of original wills from one such
local attorney, and it has proven difficult to locate many of
the clients of that attorney in order to make other
arrangements.
Think through or rethink your estate
plan and be sure you have taken steps to plan realistically
for your family situation and eliminate points of contention
when possible.