Talking About Financial Planning with Aging Parents

Talking About Financial Planning with Aging Parents: Unless you are raised in a family that talks about money, values and planning, starting a conversation with elderly parents about the same topics can be a little awkward. However, it is necessary.

In a perfect world, we’d all have our estate plans created when we started working, updated when we married, updated again when our kids were born and had them revised a few times between the day we retired and when we died. In reality, a recent report by Merrill Lynch and Age Wave says that only half of Americans have a will by age 50.

More than 50% said their lack of proper planning could leave a problem for their families.

CNBC’s recent article, “How to have ‘the (money) talk’ with your parents,” explains that, according to the study, just 18% of those 55 and older have the estate planning recommended essentials: a will, a health-care directive and a power of attorney.

To start, get a general feel for your aging parents’ financial standing.

This should include where they bank, and whether there’s enough savings to cover their retirement and long-term care. If they don’t have enough saved, they’ll lean on you for support.

Next, start a list of the legal documents they do have, such as a power of attorney, a document that designates an agent to make financial decisions on their behalf and a health-care directive that states who has the authority to make health decisions for them.

You should include information on bank accounts and other assets. It is also important to list their passwords to online accounts and Social Security numbers.

Next, your parents should create an estate plan, if they don’t already have one. When you put a plan in place for how financial accounts, real estate and other assets will be distributed, it helps the family during what’s already a difficult time. Having an estate plan in place keeps the courts from determining where these assets go.

While you’re at it, talk to your own children about your financial picture.

Many people think they don’t need to yet have the talk. However, the perfect time to have the conversation, is when you are healthy.

Here’s an encouraging fact: young adults who discuss money with their parents are more likely to have their own finances under control. They are also more likely to have a budget, an emergency fund, to put 10% or more of their income toward savings and have a retirement account. That’s all according to a separate parents, children and money survey from T. Rowe Price.

For many families, having a conversation during a family meeting at their estate planning attorney’s office while working on their estate plan, is a good way to start a dialogue. Working with a professional who has the family’s best interest in mind, with two or even three generations in the room, can prevent many stressful problems for the family in the future.

Reference: CNBC (June 30, 2019) “How to have ‘the (money) talk’ with your parents”

 

 

Is Estate Planning Really Such a Big Deal?

Delaying your estate planning is never a good idea, says The South Florida Reporter, in the new article entitled “Why Estate Planning Is So Important.” That’s because life can be full of unexpected moments and before you know it, it’s too late. Estate planning is for everyone, regardless of financial status, and especially if they have a family that is very dependent on them.

Estate planning is designed to protect your family from complications concerning your assets when you die. Many people believe that they don’t require estate planning. However, that’s not true. Estate planning is a way of making sure that all your assets will be properly taken care of by your family, if you’re no longer able to make your decisions due to incapacity or death.

Without estate planning, a court will name a person—usually a stranger—to handle your assets and finances when you die. This makes the probate process lengthy and stressful. To protect your assets after you die, you need to have an estate plan in advance. You also need to address possible state and federal taxes. Your estate plan is a way to decrease your tax burdens.

With a proper estate plan, your final wishes for your assets will be set out in a legal document. With a will or trust, all of your assets will be distributed to your beneficiaries, according to your final wishes.

This will also save your family from having to deal with the distribution of your assets, which can become very complicated without a will. There can also be family fights from the process of distributing assets without a will.

It is also important to remember that if you do create an estate plan, you’ll need to update it every once in a while—especially if there’s a significant event that happened in your life, like a birth, a death, or a move. Your estate plan should be ever-changing, since your assets and your life can also change.

It’s vital that you work with an experienced estate planning attorney, who can help you draft the legal documents that will make certain your family is taken care of after you pass away.

Reference: South Florida Reporter (June 12, 2019) “Why Estate Planning Is So Important”

 

What Happens If I Write a Handwritten Will?

Aretha Franklin died last August, and it was first reported that she didn’t have a will. However, recent news reports from Detroit say that, as her estate is being thoroughly reviewed, relatives have discovered a total of three different wills—one of which was located under some seat cushions! What Happens If I Write a Handwritten Will?

Each of Aretha’s wills is handwritten. The three documents have been submitted as part of the probate process to have the court determine if any of them will have legal standing.

Aretha Franklin’s actions—or her lack of the right actions—may could cost her heirs a considerable amount of money in legal fees. It also will make the probate process longer and more stressful. In addition, the ultimate court decision concerning her estate may not be consistent with her wishes.

Fox Business’ recent article, “Aretha Franklin’s handwritten wills found: Big estate planning no-no,” asks what can we learn from the Queen of Soul’s Estate Planning blunders?

First, do it right and ask an estate planning attorney to help you draft your will. He or she will make sure that your will and estate plan comply with the laws on your state. Probate and estate laws may be slightly different in every state, so be certain your will reflects your location and circumstances to be valid.

Don’t make a handwritten or “holographic” will. A handwritten will is valid in a surprisingly large number of states: Alaska, Arizona, Arkansas, California, Colorado, Idaho, Kentucky, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. However, talk to an experienced estate planning attorney in your state, if you have questions about a holographic will.

Spend the money and do it right. Hire a qualified estate planning attorney to make certain that everything is done correctly, so it’s the way you want it, and it will be upheld if questioned in court after you’re gone. That includes having the will witnessed and/or notarized.

Of course, while you can download a free form from the internet or pay $50 to buy a package, you should invest the extra funds to hire a legal professional to help can save your family a big expense in future extra legal fees.

Further, you should review your will at least every few years to make sure it accurately reflects your current wishes and to be certain that everything is consistent between the will and other documents, like beneficiaries listed on your insurance policies or investment accounts.

You also need to make sure your heirs can find the will. Hiding it in the sofa isn’t the recommended procedure, because who’s to say that Franklin didn’t stash a fourth or fifth handwritten will in a wardrobe or in the food pantry!

Lastly, be sure you let your family and loved ones know your wishes as you prepare these documents. Be proactive about estate planning and do it right.

Reference: Fox Business (May 22, 2019) “Aretha Franklin’s handwritten wills found: Big estate planning no-no”