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I was recently made aware of Mary Beth Caschetta’s article in the New York Times about her personal experience with being disinherited.  My heart broke as I read how her father chose to use the reading of his will to express to her his enduring disapproval from the grave:

“My father had put my mother’s name on the deed to the house and made her the beneficiary of his investments, leaving the rest of his estate to my three older brothers. It was an act accomplished in a single sentence: ‘I leave no bequest to my daughter for reasons known to her.’ ”

From the rest of the article, it seems that the two of them had differences throughout their lives, but had made steps towards reconciliation only months before he died unexpectedly.

Whether their new ability to express their love for each other more openly would have changed his mind or intention related to his will is something she will never know. And many people find themselves in her circumstance where they are unable to explore, discuss, and connect with their parents around what would cause them to make that choice and what they might be able to do to change their thinking or intentions.

What continues to bring distress to my heart and fuel my passion for my work with families is that if people felt skilled and able to have these difficult and emotional conversations effectively, they could potentially heal and move through long standing wounds and pain that continue to perpetuate from one generation to the next.  And maybe I could help effect a different outcome…

In Estate Planning for the Blended Family, we discuss the sticky issue of disinheritance in our chapter on Testamentary Planning.  One thing we strongly recommend is that if this is a choice you believe is absolutely necessary, that you make the effort to communicate your reasons why you’ve made the choices you have — as this will help to ease the blow and keep your memory alive in ways that are more positive and less painful for your prodigal son or daughter, no matter what they may have done to have caused you to keep them from receiving your assets.

A powerful exercise we recommend is that, as you write your reasons for the disinheritance, you also share what you enjoyed most about that person and particular memories from the span of your life together that mattered to you in loving ways.  Some people do this in their ethical will.  This will further nurture a healing place in their heart even as they wrestle with the pain of not being included as they may have thought they would be.

If at all possible, we encourage parents to share their decision to disinherit while they are alive, so that the impact of the decision is not quite so dramatic at the painful time of their death.

For more information about how to go about having these conversations successfully as a family, or between a father and a daughter, contact us for a private consultation.

 

 

For advisers who encounter the emotional impact of wealth and money as they navigate decision-making with their clients, I offered three helpful tips during a recent interview for the Financial Adviser Blog at DowJones.

Feel free to contact me regarding your specific challenges and questions you may be facing in this arena!

 

 

 

 

 

Gay marriage is in the news again, thanks to politics and an election year.  I’m most concerned about how the children in these relationships, and with the added complexities of being in blended families, are impacted by the rhetoric and reactions.

Biden and Obama are pro Gay Marriages.

North Carolina approves constitutional amendment against gay marriage, even with their Governor expressing her concern that the ban will hurt the state’s brand. Romney remained remarkably silent on the issue while in North Carolina.

What about the family? Regardless of how you personally feel about same sex couples and their rights to be honored in their commitment, they exist and they have families.  Turns out that around 25% of gay couples are raising children.  This is a significant blended family issue as well, according to a 2011 article by Susan Donaldson James: “…more than 80 percent of the children being raised by gay couples are not adopted, … And the largest number of children in same-sex families are a result of previous heterosexual marriages.” And if these couples cannot be legally married, what do they need to do in order to honor their commitments and union,s as well as protect their assets, and provide for their partners and their children in ways that they wish?

Family law attorney, Erik Newton, writes about the impact of North Carolina’s amendment on the legal rights and estate planning considerations of same sex couples in North Carolina and in California as well.  In his blog, Newton points out:

“In eliminating domestic partnerships and civil unions, Amendment One poses serious problems for same-sex couples seeking to protect their rights relating to inheritance, child custody, property ownership and health-care decision-making. Although Amendment One seems to allow for private contracting to set forth these rights, certain agreements relating to child custody, health-care directives, death benefits, etc may not be protected unless civil unions or domestic partnerships are legally recognized. Consequently, same-sex couples in California ought to pay attention to the outcome of the May 8 vote on Amendment One, and not only for how it will impact same-sex couples in North Carolina. Amendment One serves as an important, albeit sobering, lesson for same-sex couples everywhere: it is imperative to understand what rights exist for same-sex couples in your jurisdiction and how to protect those rights.”

Parents contending with blended family and GLBT complexities would be wise to legally address the following with a Domestic Partnership Attorney:

Legal Guardianship for their children

Trusts for each other and their children to allow for ease of transferring assets at the time of death

End of Life/Living Will/Advance Care Directives

Medical and Legal Powers of Attorney

And more…

Find out what you don’t know that you don’t know and get the data so you can make wise decisions for yourselves as a couple, and for your children should anything happen to either of you.  This is something you can’t put off until it’s too late!

If you’re challenged by how to open up this conversation, and you don’t know where to being, Chapter Two in Estate Planning for the Blended Family gives some easy to apply communication strategies you can use.

And you can contact us if you want some initial coaching and consulting before contacting your attorney.

 

Apr 102012
 

My co-author and I were invited by Deborah Jacobs, who blogs about boomers for Forbes, to guest post for her today.  We’d welcome your feedback about what you see about the pros and cons of using the same advisors with your estate planning.

“How married couples and domestic partners structure their estate plans can make the difference between whether a family stays connected or gets blown apart after the first spouse or partner passes away. Things can be even more complicated and volatile in blended families – when there are step and half siblings and stepparents in the mix…”

http://www.forbes.com/sites/deborahljacobs/2012/04/10/estate-planning-for-couples-should-it-be-a-solo-or-a-duet/

 

© 2012 Emily Bouchard | 336 Bon Air Center, #145 · Greenbrae, CA 94904 | info@emilybouchard.com