Discussing estate planning with clients can be particularly
challenging, as people are frequently reluctant to contemplate their death or to
discuss the state of their personal finances. This discussion likely is more
difficult when it occurs between an aging parent and their adult child. As
parents age it, becomes more and more important for adult children to
understand the state of their parents’ planning or lack thereof. While such
discussions may be difficult, they can be the difference between a smooth
estate administration and months of problems in a probate court.
Discussing estate planning is much more than simply learning
whether a Will or Trust exists. This does not mean that parents need to share
those documents with their adult children, but it is advisable that adult
children know the location of the documents, who is designated to handle their
parents’ affairs, and contact information for their parents’ attorneys and
advisors. It is also important for adult children to know if their parents have
other documents to address lifetime issues, such as Durable Powers of Attorney,
Patient Advocate Designations, and Living Wills. This knowledge sets the stage
for a larger discussion of the parents' finances. This discussion is important
because an organized list of assets, income, and expenses allows the people
named under powers of attorney or designated to administer the estate to handle
the parents’ finances efficiently. As with the discussion of estate planning,
this discussion does not need to include a complete disclosure of the parents’
finances. It should at a minimum result in the parent preparing a list of
information that includes:
- Information on all bank and investment accounts
- Information on all sources of income, including annuities, IRA, retirement accounts, and Social Security
- Information on all regular expenses, including utility bills, mortgages, car payments, regular donations
- Contact information for financial advisors, insurance agents, and attorneys
As with the estate planning information,
the parents’ should keep this list of financial information where it is readily
accessible and the location known to those people designated to make decisions
or administer the estate.
Having a discussion with parents and other loved ones
regarding the state of their planning, their finances, and organization is
never easy, but the information gained from such a discussion makes all the
difference when it comes time to administer an estate or make decisions on
behalf of a loved one. It is all too common for client to meet with us to
prepare an estate plan after experiencing the results of handling a parent’s
estate without a plan. It is important for clients to share this information
with their loved ones after executing documents and to address these issues
with their parents to avoid future issues.
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