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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!

 

 

 

 

 

A prospective new client contacts you about working with him and his partner.  Within minutes you learn that they are unmarried with each having children from prior relationships as well as one of their own together.  Do you experience a thrill of excitement at having such a complex and fascinating potential couple to work with, or does this scenario strike fear in your heart?  If you’re like most of the estate planners we work with, fear would be your first response.  Are you aware that your prospective client is most likely afraid as well, but for different reasons?

 

In Estate Planning for the Blended Family (Self-Counsel Press 2012), we identify and discuss 11 fears that clients can have when it comes to the estate planning process.  These fears include everything from confronting fear of death, to fear of the estate planning process itself.  On the other side of the equation, the biggest concern for the estate planner (or should be if it’s not already) is the likelihood of conflict of interests within the blended family system.

 

The reality is that estate planners need to be able to manage their own emotions, as well as those of their clients, around these fears and potential conflicts.  It’s not enough to understand the intricacies of estate planning vehicles to avoid taxes and transfer assets efficiently – it’s also necessary to make sure you are addressing the core concerns (and yes, fears) that are part of the process.  These fears prevent people from doing estate planning, or cause them to procrastinate.  Fears lead to avoidance strategies that cause costly and unnecessary delays in estate planning.  More often than not, people tend to avoid the conversations that could move the process along smoothly due to a lack of awareness about how to have the conversations effectively.

 

Estate planning for the blended family client can present some of the most challenging work that an estate planner ever does.  One of the reasons why this is so is that most professionals in the field of estate planning aren’t sufficiently trained or experienced in the “human side” of the process, which is the “heart” of estate planning.  Most attorneys, accountants, and financial advisors are trained in the “head” side of estate planning.  The key to successfully navigating the often treacherous waters of estate planning for the blended family is properly balancing the head and heart.

 

For advisors who want to know more about how to incorporate the Head AND the Heart in their estate planning work, we have a new webinar happening this month.  On May 8th the first in a series of three trainings on Blended Family Estate Planning will commence.  This ninety-minute presentation will dive into the key issues of the initial consultation and successful engagement of couples with a blended family. Participants learn how to address emotionally charged issues and fears that keep the planning process from moving forward, as well has how to move when a client shuts you down or shuts you out.  Specifics related to property ownership and distribution will be addressed along with who should be considered for key fiduciary roles.   The training provides a comprehensive introduction to estate planning for the blended family, and in so doing, marries the “head” and the “heart” of estate planning.  In the second session, attention is focused on the lifetime planning options that are available or advisable to blended family couples.  In the final session, the various issues that are attendant to testamentary estate planning for blended family clients are addressed, as well as some post-death administration issues.

 

To sign up for this timely and important training, visit the Ultimate Estate Planner site.

Feel free to contact us with any questions you may have.

 

 

 

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