Regular readers of this column are
familiar with an aphorism attributed to Henry Ford. When
asked, "How much money does it take to be happy," he is said
to have replied, "A little bit more."
Many clients of this writer explain
that they just want their children to "get along" after the
client's death. That natural desire needs to be tempered with
reality. Children who have buried the hatchet so as not to
hurt their beloved parents often dig it up just before the
funeral.
Estate planning requires a hardheaded
look at your loved ones and their needs and proclivities. It
is not a time to make one last effort to win their love, or to
teach them one last lesson.
But we all seek immortality. "You
shall be as gods" is the universal yearning of our lapsed
humanity.
One wag is remembered to have said
that "I don't want to become immortal through doing things
people never forget; I want to become immortal through never
dying!"
Yet die we do. So as we end our
earthly journey, we try to perpetuate our live, our love, our
values. Rich folks endow their children, set up foundations
and make large grants. Common folk just want to be fondly
remembered, and want their children to "get along."
Because your loved ones are not the
same, they need to be treated individually, not
indistinguishably. In some families, maybe most of them, the
children are pretty much alike, but in many situations, your
loved ones will have different needs and need to be treated
differently.
For example, one child might still
have the first dollar she earned, while another spends twice
his paycheck before it is cashed. One child might be devoting
his life to helping the unfortunate, while the other is a
narcissistic hedonist. Your eldest nephew might be a "high
flier" on his fourth trophy wife, while your niece might be a
single parent struggling to raise a handicapped child.
Obviously, these are extreme examples,
but they point out the distinctions that might lead to
differential planning for your loved ones. An equal, "blind"
distribution among your very different loved ones might not be
the right thing to do.
Often the best remedy is reality, with
a letter to the family explaining your values and the reasons
behind your choices. Include the letter with your will, so
that the documents are revealed together.
Some of your children or other
beneficiaries might not like what you choose. That's
understandable and, though painful, ultimately acceptable.
Those who share your values will immediately understand; those
who don't never will. But they never have, and you can't "fix"
that with your will or trust.
Those who see themselves as the
"losers" will often resent those who share your understanding
of what is right and true. That can't be cured by stinting the
latter to try to curry posthumous favor with the former.