Thursday, November 2, 2017

We Finished Our Estate Plan, What Do We Tell Our Adult Children?

A well-crafted estate plan should prevent any anticipated conflicts between your beneficiaries, however, an unhappy beneficiary can always challenge the trust after your death.

A common example occurs when family members do not agree on the financial decisions being made by the trustee.  When the family home, a major asset of the estate, is appraised and sold at market value after the parent’s death, a beneficiary may be unsatisfied with the proposed sale of the home (wanting it to stay in the family), or even with the sale price itself.  The unhappy beneficiary may challenge the trust, which can cause a long and costly delay in the distribution of assets and incur legal fees that reduce the size of the estate.

An ideal way to head off this conflict is to communicate your wishes about the distribution of your assets with your children in advance.  We understand that this is a difficult subject to discuss, but the chances of a beneficiary challenging the trust after the death of a loved one can be significantly reduced when all parties to the trust are aware of the parent’s intentions.

To help ease the discomfort of discussing financial arrangements, you should consider inviting your estate planning attorney to meet with you and your heirs when you choose to have that discussion.  Timothy Follett, Attorney at Law, is more than happy to discuss your goals and concerns with your children.

We believe an open discussion allows everyone to voice their thoughts, understand how the trust affects them as a beneficiary, and potential disagreements can be tackled and resolved upfront.  This is a difficult conversation to have, but everyone benefits by avoiding conflicts, court challenges, and delays when the trustee is administering and distributing the assets.  More importantly, you may find that the family comes together after they find out that you have thought of everything and everyone!

Let us know how we can help you. Call our office to schedule an appointment to talk to Timothy about how we may guide you in talking to your heirs, or to schedule an appointment to bring everyone together. 


(805) 669-7009 or tim@santabarbaraestateplanner.com

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