Common Estate Planning Choices That Frequently Turn Out To Be Mistakes (Adult Children Edition)
You might think estate planning will be easy if you have adult kids. You write a will splitting everything equally between those kids and naming them to serve together as your estate's executor. But just that one sentence contains several decisions that might benefit from careful reconsideration. Here are some common estate planning choices that people with adult kids make that often become the source of significant disagreement and difficulties when the time comes to administer the estate.
- Nominating one of the estate’s beneficiaries as its executor. You might think that because your kids know your assets and debts better than anyone else, they are best positioned to handle the wrapping up of your affairs. That might be true, but the frequent decision to make one of the estate's beneficiaries its executor creates an inherent conflict of interest that can be difficult for that person to navigate.
What if your kids all want the same item of personal property? What if they disagree on the value of various assets? The executor is supposed to act in the beneficiaries' best interest, but determining what that is when they stand to directly benefit from an outcome that contradicts their siblings' desires can be challenging. Instead of putting your kids in this situation, a better choice might be to name a neutral third party as the executor, such as a professional fiduciary or a friend or family member not entitled to receive anything from the estate. - Naming more than one person to serve as co-executors. You might think that naming two or more of your kids as co-executors will prevent them from fighting and force them to work together. You might also be worried about hurting one kid's feelings if you give this critical job to a sibling. But naming multiple people to serve in this job could backfire, too.
Co-executors must agree on every decision and sign every document related to the estate. That frequently causes delays, confusion, and frustration. It can also lead to deadlocks if they can't agree on something. We have seen many situations where a unanimity requirement effectively meant that the executor who didn't want to take action got their way by default.
A better choice might be to name one person as the executor and another as the backup executor in case the first one can't or won't serve. - Not considering how to divide items that can't be easily split. You might have unique or sentimental items like jewelry, art, antiques, or real estate that are impossible to divide. You might also have some substantial assets, such as a vacation home or a business, that comprise most of your estate. What if more than one of your kids wants the same item? How will they decide who gets what? If you don't give them a plan, or at least something to negotiate around, you could leave your kids with a difficult mess to sort out.
They might have to sell some items and split the proceeds, which could reduce their value and cause emotional distress. They might also have to go to court to resolve their disputes, which could cost time and money.
A better choice might be to talk to your kids about what they want and what they are willing to give up. You could also instruct your executor to use a system of bidding, drawing lots, or rotating choices to divide the items fairly.
What next?
If you think it might be time to think through your estate plan, you can:
- Give us a call at 720-821-7604 to schedule a "Discovery Session" at which we can determine whether our firm would be a good fit for your needs. Or fill out
our contact form to have us call you.
- Visit our
estate planning page to learn more about how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
- Learn more by reading our blog or watching our videos.
