Planning With Family Over the Christmas Holidays.

Published: Mon, 12/19/16

     
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Planning With Family Over the Holidays.
Merry Christmas!

Today’s topic is, how and why you should get down to business and talk with family over Christmas.

Why, during the holidays is talking about estate planning so important?

Families should get together and talk business anyway. We have a family meeting at 8pm on Sunday night and plan out the week, because my wife has her calendar going, the kids have theirs, and we all try and get on the same page. We look at finances, any grievances we have and we hash it out. If you can’t be on the same page with your family, there’s going to be problems.

I don’t want people to think I’m all business with my kids because I let them climb all over me. I love my kids, but you’ve got to have your calendar, money and work under control. We talk about those things. Nothing is perfect but certainly you can’t get close to perfection if you’re not on the same page.
Your kids or parents may now live in different states. You may need to meet on the holidays because that is when you come together. Don’t do it when you sit down for Christmas dinner, but carve out some separate time just for this discussion. Talk about family business, estate planning, and why that’s important? Remember, your parents are aging, and you’re aging.

I’ll give you an example. I have a close friend whose mother got a call, and they said, hey, you’ve won the lottery. Now, she was suffering from early on-set dementia, and everybody knew it, they knew something was wrong, but nobody talked about it. It was kind of like, sshh, don’t talk about it. That’s what families do, they shove it under the carpet, they don’t take action. So, this phone call, they said you’ve won the lottery, all nice and polite, all you need do is send us $50,000 dollars on the taxes of the winnings and we send you your millions. What’s your bank account number, what’s your credit card number, great. $50,000 gone. There are so many scams out there.

So, how do we prevent things like that?

Have conversations, plan, talk and take action. One thing you can do in that situation is either pursue a Guardianship, or put in place a General Durable Power of Attorney, and maybe have something on the accounts that makes it harder to clear that transaction. Just have some ‘control’ put in place so it’s harder to give away land or money or property.

One way to prevent things like that is to have your foundations in place for your parents and yourselves. Everyone 18 to 180 should have their ‘General Durable Power of Attorney’ in place, and ‘Healthcare Power of Attorney.’ I want to appoint a specific person I trust to make my life or death and even long term healthcare decisions.

You can’t have more than one person calling the play, everybody would be fighting with each other.

You do not want to have three quarterbacks on the field when your life and finances are on the line. You want to designate one trusted person who will make the decisions for you.

What about ‘Living Wills’? Put those in place so you can say, if I’m terminal, incurable, brain death has occurred and I’m being maintained by a respirator, do I want to continue on that way? And do I want to put that on a family member to make that guilt-ridden decision?

You should also have a ‘Will’ to allow you to pass your property the way you want to pass it, not the way the state of North Carolina has chosen to pass it for you. I guarantee, the State has already chosen a path for you, and your property.

Nowadays there are second marriages, and step children, things aren’t as cut and dry anymore. You’ve got a second husband or wife who is living in the house and you’ve got a daughter whom you wanted to inherit the house. There’s all kinds of situations.

Those are your foundational types of planning situations. You need to have those bases covered.

Get on the same page as mom and dad or your kids. Figure out how to protect all the hard earned money and property your family worked for. Don’t let another holiday season go by and gamble everything.

Remember, you can avoid all the infighting by making simple decisions.

I’m Greg McIntyre, call me at 704 259 7040, or go to mcelderlaw.com.
 
 
Regards,
Greg McIntyre
Elder Law Attorney
McIntyre Elder Law
"We help seniors maintain their lifestyle and preserve their legacies."
www.mcelderlaw.com
Phone: 704-259-7040
Fax: 866-908-1278
PO Box 165
Shelby, NC 28151-0165
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