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."