Wealth and Honor

Helping Families Navigate the Financial Challenges of Age Transitions

Category: Estate Planning (Page 1 of 4)

Little Red Riding Hood: A Cautionary Tale from a California Case. 

April 17, 2025 / / 0 Comments
[De Anda v. Guillen; California Court of Appeals, Second District, First Division, Decided Apr 21, 2023]

Imagine trusting a loved one, only to discover they’ve betrayed that trust by exploiting your finances. This is the heartbreaking reality one grandmother, Julianne De Anda [Substitute Name] faced when her granddaughter, “Lisa Guillon [Substitute Name], misappropriated a $375,000 construction loan meant for De Anda‘s home remodel, using it for personal expenses and a failing business. The De Anda v. Guillon case serves as a stark reminder of the vulnerabilities our aging loved ones face. By understanding the details of this case, we can better equip ourselves to identify potential issues and prevent similar situations from affecting our own families.  

Key Findings and Preventative Measures

his case offers several key insights that can help families protect their aging loved ones from financial exploitation: 

  1. The Importance of Open Communication: In the De Anda case, the initial agreement seemed reasonable: housing and care in exchange for home improvements. However, the lack of clear, documented agreements and open communication paved the way for misunderstandings and abuse. The court noted that it was unclear to what extent the parties agreed that Guillon would be allowed to live in the home indefinitely, or that she would inherit the home entirely when De Anda died.


    Preventative Measure:     Encourage open and honest conversations about finances, living arrangements, and care plans. Regular family meetings can provide a platform for discussing concerns and making informed decisions together. Document all agreements in writing, with the assistance of legal counsel. 

  2. Be Wary of Joint Tenancy: Guillon persuaded De Anda that a joint tenancy was necessary for the loan. This highlights the danger of elders signing legal documents without fully understanding the implications. The court found that Guillon “persuaded” De Anda that she would not be able to obtain a loan to finance the Pasadena home remodel unless De Anda “deeded half the house to [Guillon] as joint tenants in common with the right of survivorship.”

    Preventative Measure:     Before signing any legal or financial document, especially those involving property, ensure your loved one seeks independent legal and financial advice. A neutral professional can explain the terms and potential risks. Emphasize that joint tenancy can have significant consequences, including loss of control over the property.
     
  3. Monitor Finances: One of the most alarming aspects of this case was the misappropriation of funds. Guillon commingled the construction loan with her personal and business accounts, making it difficult to track. The court found that “Without any accounting, [Guillon] commingled construction money, Taco Factory money, her personal funds, [and] personal and business loans.”

    Preventative Measure:     If you are helping manage an elder’s finances, maintain meticulous records. Use separate accounts for specific purposes (e.g., a dedicated account for the remodel). Regularly review bank statements and credit card bills for any unusual activity. Set up alerts for large withdrawals or transfers.
  4. Trust Your Instincts: De Anda’s children discovered the fraud when they noticed irregularities in her bank accounts and a forged document. This underscores the importance of paying attention to red flags. The court noted that De Anda’s ATM card was missing, as was over $200,000.

    Preventative Measure:     If something feels off, investigate. Don’t dismiss your concerns, even if the person involved is a family member. Trust your instincts and seek professional help if needed. Encourage other family members to stay involved and voice their concerns.
  5. The Danger of Undue Influence: The court found that Guillon exerted undue influence over De Anda, leading her to make decisions that were not in her best interest. The court noted Guillon’s foreclosure, multiple debts, a prior judgment against her, and virtually no cash or assets other than the joint tenancy she had persuaded De Anda to grant her.

    Preventative Measure:     Be aware of situations where an elder is isolated or overly reliant on one individual. Encourage them to maintain social connections and seek advice from multiple sources. Watch for signs of manipulation or coercion.
  6. Professional Oversight: The construction project in the De Anda case lacked proper oversight, which allowed Guillon to mismanage funds and leave the remodel incomplete. The court found that “two-thirds of the [remodel] loan money had been spent before building permits had been pulled.”

    Preventative Measure:     When undertaking significant projects like home renovations, involve reputable contractors and professionals. Obtain multiple bids, check references, and ensure contracts are clear and detailed. Consider hiring a project manager to oversee the work and finances. 

Recognizing Financial Elder Abuse: Financial elder abuse often involves subtle manipulation and deception. It’s crucial to recognize the signs, which can include: 

  1. Sudden changes in financial habits 
  2. Unexplained withdrawals or transfers 
  3. Newfound isolation from family and friends 
  4. Unusual interest in the elder’s assets by a caregiver 
  5. Reluctance to discuss financial matters 

The De Anda v. Guillon case serves as a stark reminder of the vulnerabilities our aging loved ones face. Not only did this separate a grandmother from her granddaughter, but the entire family was fractured by this event.

By learning from this unfortunate situation, we can take proactive steps to protect our elders from financial exploitation. Open communication, careful monitoring, and a healthy dose of skepticism can go a long way in safeguarding their personal and financial well-being.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with a qualified legal professional for advice tailored to your specific situation. 

Sibling Rivalry and Trust Troubles: Removing a Trustee for Being a Pain

April 10, 2025 / / 0 Comments

Family trusts are often established with the best intentions: to secure a family’s legacy, ensure a smooth transfer of wealth, and provide for future generations. However, what happens when the individuals entrusted to manage these assets—often family members themselves—find themselves embroiled in conflict? A 2020 Texas case, Ramirez v. Rodriguez, [No. 04-19-00618-CV; Fourth Court of Appeals; San Antonio, Texas; Decided Feb 19, 2020] offers a compelling example of how family dynamics can undermine even the most well-intentioned estate plans. 

The Ramirez Family: A Texas Story ​

The Ramirez family’s story is possibly a classic Texas tale. While the court transcripts do not provide detailed information about the family’s history or the reasons behind the creation of the trust, we can speculate that over generations, they accumulated significant land holdings, primarily used for ranching. The discovery of oil and gas on their property transformed their fortunes. As wise stewards of their newfound wealth, the Ramirez family may have recognized the importance of preserving their assets for future generations. Rather than dividing the mineral royalties into smaller, fractured interests among numerous heirs, they made the prudent decision to create a trust. This trust was designed to consolidate the management of the royalty interests, ensuring a stable and consistent income stream for the family for years to come. 

The Setup: A Family Affair

In 1977, the Ramirez family established the Ramirez Mineral Trust to manage their oil, gas, and mineral interests. The trust agreement appointed four co-trustees, all family members, and stipulated that any action required the agreement of three out of the four. By 2008, the co-trustees were Santiago, Sonia, Victor, and Javier. This arrangement, intended to provide balanced oversight, eventually became a source of significant conflict. 

The Plot Thickens: Accusations and Lawsuits

The situation began to deteriorate when Santiago and Ancient Sunlight, Ltd. (a company linked to the trust) filed a lawsuit against Sonia in 2019, alleging breach of fiduciary duty and breach of trust. The other co-trustees—Sonia, Victor, and Javier—responded with a petition to remove Santiago as co-trustee, citing “other cause for removal” under the Texas Trust Code. 

The accusations against Santiago were numerous and detailed. He was accused of sending unauthorized communications, undermining trust operations, and alienating key stakeholders. While many of these actions might seem like minor disagreements, some rose to the level of significantly disrupting the trust’s operations. 

Disruptive Actions: Examples from the Case

One key example was Santiago’s communication with the trust’s former accountants. He sent letters and emails, without the authority of the other co-trustees, questioning their services and fees. This not only created a hostile environment but also led the accountants to decline further engagement with the trust. As a result, the trust incurred additional legal fees to locate a new auditor, diverting resources away from its primary purpose. 

Another significant disruption involved Santiago’s communications with Chesapeake, a company involved in oil and gas operations on the trust’s land. Santiago attempted to negotiate with them independently, without the consensus of the other co-trustees. This undermined the trust’s collective decision-making process and created confusion and uncertainty for Chesapeake, potentially jeopardizing valuable business relationships. 

These actions, among others, painted a picture of Santiago as someone who was not only difficult to work with but was actively hindering the trust’s ability to function effectively. 

The Legal Tango: Citizens Participation Act

Santiago argued that the lawsuit against him was an attack on his right to free speech and right to petition. He sought to dismiss the case under the Texas Citizens Participation Act, but the trial court didn’t rule in time, and the motion was denied by operation of law. 

The appeals court then had to decide whether the trial court’s denial was correct. The key question: Did Sonia, Victor, and Javier present enough evidence to establish a “prima facie case” that Santiago’s actions warranted his removal? 

The Verdict: Hostility Impeding Performance

The court sided with Sonia, Victor, and Javier. They found that Santiago’s actions were impeding the proper performance of the Trust. The court highlighted emails and letters demonstrating Santiago’s unilateral actions, his accusations of “conflicts, concealment, [and] corruption,” and his overall disruptive behavior. 

The Takeaway: Family, Finances, and Fiduciary Duty

This case underscores the challenges that arise when family members are appointed as co-trustees, especially when personal agendas and conflicting opinions come into play. While the Ramirez family’s initial decision to create a trust was a wise one, the selection of co-trustees ultimately led to significant conflict and operational challenges. 

A Better Solution?

Perhaps it’s time to consider professional trustees. Independent fiduciaries bring expertise, impartiality, and a focus on the best interests of the beneficiaries. They can navigate complex financial decisions, manage disputes, and ensure that the trust operates smoothly, without the added drama of family dynamics. 

While it might seem impersonal, a professional trustee can be the key to preserving family wealth and avoiding the kind of legal battles that can tear families apart. Sometimes, the best way to ensure a trust fulfills its intended purpose is to bring in a neutral party who can focus on the bottom line, without getting caught in the crossfire of family disagreements. 

When Our Care Plans Went Off-The-Rails

February 21, 2025 /

When my parents approached or passed 80 years, they lived more than 500 miles from my siblings and me. As they and their friends aged, the writing became clearly written on the wall of their minds. They needed to be closer to family. As they considered their options, the one that seemed to make the most sense was a highly rated CCRC facility only 15 minutes from us that would allow them to live independently in a detached home, with access to Assisted Living, Memory Care, and Skilled Nursing all within the same campus.

The Move Into a CCRC Facility

They paid a significant entry fee of approximately $290,000 in 2009 as well as a monthly fee of around $3,000 that guaranteed them continual care for the remainder of their lives. In addition, future costs were predictable. The fixed monthly fee would only increase slightly each year, but that was much less than the monthly rate they would pay if either of them entered any of the care units only when they needed it.  Prepaying while they were independent also gave them priority status over those who lived outside the CCRC campus on room availability.

About four years later, dad’s dementia got worse, and he moved to the memory care unit just down the street from their house. Not long after that, he was moved to the skilled nursing facility where he died within a year. Mom continued to live in independent housing for the next 10 years and maintained an active social life. 

The Impact of COVID on Facility Staffing

In 2020-2021 during the Covid-19 pandemic, nursing homes around the country were limiting or curtailing visitation of family members. At the same time, nursing homes and other care facilities around the country were experiencing severe shortages of workers, either lost by attrition during the pandemic, or those who were working dropped out of the workforce and either did not return or found work elsewhere. Little did we know how this would impact mom‘s care later.  

Mom's Move to Skilled Nursing Care

In late 2023, at age 94, mom suffered a bad fall resulting in stroke–like cognitive impairment that required her to move into the skilled nursing facility of the CCRC. She was also a fall risk, so leaving her unattended for even the shortest period risks her getting out of the bed or her chair (which she has done on more than one occasion), thus far avoiding a severe injury. We were informed by the staff that they did not have enough workers to monitor mom close enough to prevent a fall, so we were encouraged to hire private, 24/7 sitters for mom, because even at night when she is sleeping, she will try getting out of bed on her own.  

Our Financial Plans Went Off the Rails

Financially, we are blessed. Mom and Dad had enough resources to enter a facility that is not feasible for many. However, the long term plan did not consider that in addition to the CCRC’s cost, we would also need to add private sitter costs on top of the CCRC cost. We believed – rightly or wrongly – that the CCRC would be all they would ever need from the time of their move until they both died. Now, fifteen years after their initial move to the CCRC, they have paid over $1 million to the CCRC and are currently paying nearly $20,000 per month because of the additional care we are having to hire privately.  

As the financial planner for my parents when all of this began, I am lamenting my unpreparedness for this contingency – not because it means less of an inheritance for my siblings and I (we’ve all been given more than we deserve) but because financial planning is largely about adding certainly to uncertain outcomes, and I believed that the CCRC option provided more certainty. We may have still chosen the CCRC  for many other reasons, but it was a mistake to think that costs would be predictable.  After forty years practicing financial planning, if there is one lesson on repeat in my own life, it is that nothing is certain, and financial plans are best made using a pencil with a very fat eraser.  

Moral of the Story

The moral to this story is that long term care is expensive. It is unpredictable, uncertain, and will look different than what you plan for. If receiving care is in your future – meaning you don’t die on the way towards some level of dependency – over-insure for it, over-estimate the cost of it, plan for receiving it longer than you think, and if you do have the resources to self-insure for it, discuss your plans with your heirs or adult children before you need care. Otherwise, that bumper sticker you used to see on the back of an RV traveling down the highway, might best be saved for the door of your room at the care facility. 

When Mom or Dad Want to Marry…at 80!

February 14, 2025 /

It’s Valentine’s week and romance is in the air. One of the joys I get from lunching with Mom at her retirement community is to hear the latest gossip about the budding romances among the residents, most of whom are well into their 80’s and 90’s. There have been more than a few marriages that result from these new relationships, most occurring after a fairly brief courtship. As one fellow remarked to me one day, “son, at our age, it’s dangerous to buy greenn bananas.”

If you are the adult child of an aging parent who also happens to be single, you may one day be introduced to a “special friend” in their life. Normally, your reaction may be something like, “how cute” or “way to go Dad” but if the relationship quickly becomes more serious or if you’re suddenly asked to give your blessing to their marriage, this can be a very troubling event. In preparation for writing this article, I googled “aging parent wants to get remarried” and most of the search results were forum posts from adult children seeking advice on how to deal with Mom or Dad’s new romance that has gone from sweet to sour because now they want to get married!

All sorts of questions run through your mind and you may find yourself experiencing anger, fear, or resentment at the prospect of this person interrupting Mom or Dad’s perfectly lonely existence. Somewhere in-between the extremes of “I forbid it” (like that’s gonna work) and “It’s your life, do what you want” can be found a position of legitimate care for their happiness and concern that they not be hurt by the experience. Recently a judge intervened in the marriage of a couple in their mid-nineties due to concerns expressed by the bride’s daughter questioning the marriage’s legitimacy.

In his article titled “How to Deal With an Elderly Parent’s Remarriage – Resolving Issues” author and financial advisor Michael Lewis, gives some wise advice when talking to your aging parent about their choice to remarry late in life.

  • Be Respectful. You are speaking with the one remaining person who brought you into this world and who will always love you.

  • Try to Put Yourself In Your Parent’s Position. They are trying to make the best of a very difficult situation. They seek your blessing and understanding, so listen carefully and thoughtfully before making your own point or expressing your doubts.

  • Avoid Accusations, Recriminations, and Ultimatums. Your parent has already experienced and worked through the guilt often associated with remarriage after the death of the spouse.

  • Curb Your Instincts to Attack or Belittle Your Parent’s Choice of Mate. It is never a good idea to potentially offend your mother or father in such a petty manner.

On the other hand, there may be legitimate concerns about Mom or Dad’s new relationship. Studies show that as we age our brain’s ability to make sound judgments becomes impaired. This is not necessarily dementia, just biology. Most state laws include an elderly person in a group called “vulnerable adults” because of this biological fact.  

Three factors contribute to the vulnerability of an older person: diminished capacity, lack of informed consent, and undue influence. Each of these could be at work in an older person’s romantic relationship and any one of them would give question to the legitimacy of a marriage. For example, if Mom has diminished capacity – a condition that may have to be proven by a qualified physician – she might not have the legal capacity to enter into a marriage contract. Or suppose she has capacity but was not given enough information to give informed consent when she signed over control of her assets to her new spouse in a durable power of attorney. Or maybe she did know exactly what she was doing but signed the power of attorney to her new spouse anyway because he told her if she did not sign it, he would not take care of her in her old age, which would be subjecting her to undue influence. 

The best way to prevent either of these vulnerabilities from hurting either party is to have an honest conversation with your parent about your concerns. If you sense this new “special” person has interests other than companionship, then intervention might be required, but hopefully this can be avoided by remaining respectful of each of them and involving neutral parties. While keeping in mind the points that Michael Lewis makes above, I suggest a meeting with other family members and a neutral mediator.

Ask Mom or Dad if they are open to discussing their marriage with a family counselor, clergy member, or attorney.  It could be that a more neutral party will come across as less threatening than you and they may be more willing to listen to that person than to you.  Speak openly about your concerns over property and other assets. Even if you have blessed the marriage and no sign of the three areas of vulnerability are evident, they will likely be unaware or unconcerned about property and financial division. Have them meet with an estate attorney or other qualified advisor who can help them understand the complexities of blending two financial households. Once they realize the burden this might place on their surviving children, they will more likely be willing to take the appropriate steps.

It seems that many adult children assume the proper role of a parent who becomes widowed late in life is to just remain that way for the rest of their life. In doing so, we diminish their dignity by denying them the companionship and affection that they enjoyed for 50 or 60 years as if that need vanishes when their spouse predeceases them. Instead, we could adopt the same position as we might with our own adult children: blessing a relationship that makes them happy while protecting them if we can from those that might hurt them. It’s a delicate balancing act on either end of the age spectrum. 

Preparing for the Care of Pets

December 10, 2024 /

I am an 85 year old widow with one daughter who is estranged from me and will not inherit from my estate. My accountant tells me I have more than enough to take care of me for life. My concern is for my pets. I have several cats that I want to be sure are taken care of when I die or if I have to go to a nursing home. It would break my heart if they were separated or orphaned. One of my sitters has offered to care for them, but how can I be sure the money will be used for the care of my pets and not for personal gain?

Margaret B

Your pets have obviously been wonderful companions for you, especially since you are widowed and sadly, do not have a relationship with your daughter. Facing the reality of what will happen to your furry friends when you can no longer care for them is understandably daunting. Your concern for their well-being is admirable, and it’s wonderful to see how deeply you care for them. The good news is that there are several practical steps you can take to ensure that your pets are cared for in the way you desire, even after you are no longer able to do so.

Understanding Your Options

Your primary focus should be on establishing a plan that will guarantee your pets continued love, support, and care. Given that your daughter is estranged, it’s comforting to know that you have a pet sitter who is willing to step in. Before making any decisions, it’s essential to understand various options available to you.

  1. Pet Trusts: One of the most effective ways to ensure your pets are cared for according to your wishes is by establishing a pet trust. This legal arrangement allows you to set aside funds specifically for the care of your pets after you pass away or become unable to care for them. Pet trusts work by naming a trustee (which can be a trusted friend, family member, or professional) who will manage the funds you’ve allocated for your pets’ care. This can help ensure that the money is used exclusively for their welfare. Additionally, you can name a caregiver for your pets, such as your sitter, and provide them with specific instructions on how you want your pets to be treated.

Some key features of pet trusts include:

    • Accessibility: The funds are accessible to the caregiver for things like food, veterinary care, and any special needs your pets may have.
    • Oversight: A trustee can help monitor the use of funds, minimizing the risk of mismanagement.
    • Duration: Pet trusts can last for the duration of your pets’ lives, offering ongoing support.
  2. Incorporating Instructions in a Will: If establishing a pet trust feels overwhelming, you can also include instructions about your pets in your will. This can designate your sitter or another trusted friend as their caregiver after your passing. However, one downside to this approach is that funds for your pets’ care may not be as protected and may be used for unintended purposes.
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My Step-Brother is Trustee of My Trust – and I hate it!

November 19, 2024 /

I am a beneficiary of a trust created for me, my older sister, and my step-brother, "Sam" - the only son of my mother's late husband, Max. When Max died, there was a trust set up for Mom, and when Mom died, the trust continued for the benefit of the three of us. My step-brother "Sam" is the trustee and I hate it. It seems whenever I ask for something out of the trust, Sam goes out of his way to make my life difficult. I have to justify every request with a complete run down of my financial situation, including my bank account balance, what I owe on my car, even my credit card balance. It's embarrassing to have to undress financially in front of my step-brother every time I need something. Is there anything I can do to remove him or am I stuck in this arrangement?

Sandra T.

When it comes to family trusts, emotions can run high alongside financial considerations, especially in situations like this. Being a beneficiary of a trust is meant to provide financial support and security, but when the dynamics become strained—particularly with a family member serving as the trustee—things can become complicated.

Let’s explore the roles and responsibilities of a trustee, the challenges that can arise in family trusts, and potential steps you can take if the relationship with your trustee becomes problematic. It’s important to approach this topic with diplomacy, as family dynamics can be delicate and complex. Most lawyers will tell you that the courtroom should be the arbitor of last resort.

The Trustee's Role

To start, let’s clarify the primary responsibilities of a trustee. Trustees are individuals or institutions designated to administer the trust according to its terms and in the best interests of the beneficiaries. This includes managing trust assets, distributing funds as outlined in the trust agreement, and maintaining accurate records.

In your case, Sam, your step-brother, is serving as that trustee. Ideally, a trustee should act with transparency, fairness, and respect towards all beneficiaries. Unfortunately, family dynamics can complicate this role, and emotions may cloud judgment or lead to perceived unfairness. 

For example, the trust may require the trustee to determine whether a requested distribution to a beneficiary meets the support standards it establishes. This investigation when a family member is trustee can seem more invasive than if the trustee was a detached person or entity.

Understanding Your Position as a Beneficiary

As a beneficiary, you have rights to the trust assets as specified within the trust agreement. This generally means you are entitled to request distributions. However, it’s not uncommon for trustees to seek some financial context behind these requests, which can sometimes feel intrusive. While it may be reasonable for Sam to ask for some information to ensure that distributions align with the trust’s intent, it’s essential to find a balance that respects your privacy.

It’s important to communicate openly with Sam about how his requests make you feel. He may not realize the discomfort it causes you, and honest dialogue can sometimes alleviate such tensions.

Challenges of Family Dynamics

Family members often find themselves in roles that blur personal and professional lines, especially when money is involved. Your relationship with Sam as both a step-brother and trustee can make this situation even more delicate. Trust issues can arise not because of malice but due to misunderstandings, differing expectations, or even emotional responses stemming from loss.

When confronting challenges with a trustee, it can be beneficial to remind yourself that these situations are not uncommon. Many beneficiaries may experience frustrations around trust distributions, and seeking resolutions while maintaining family harmony can be particularly tricky.

If you feel that Sam’s actions are unreasonable or overly burdensome, consider these steps:

  1. Communicate Openly: Start with an open conversation. Share your feelings about the financial disclosures required for distributions. This can be a delicate conversation, but framing it in a way that emphasizes your discomfort can lead to a more constructive dialogue.

  2. Request Clarity on Trust Terms: Look into the terms of the trust. If it provides specific guidelines on distribution requests and the trustee’s responsibilities, it can help clarify what is fair and expected. While you may not have legal clarity, understanding these terms will bolster your position for further discussions.

  3. Seek Mediation: Sometimes, having a neutral third party, such as a family counselor or mediator, can help facilitate discussions. This person can serve as a mediator in contentious situations and help keep conversations constructive.

  4. Explore Legal Options: If discussions do not yield a satisfactory outcome, you may want to consult with a legal professional specializing in trusts. They can provide you with guidance on your rights as a beneficiary, the potential for removing a trustee, and the processes involved. It’s important to seek an informative consultation without assuming it leads to litigation.

  5. Document Everything: Keep records of your communications and requests. If things escalate or legal intervention becomes necessary, having a clear history can be invaluable. This documentation may also help if you need to present your case to a legal professional.

  6. Consider the Long-term Relationship: Before taking action that may significantly impact your relationship with Sam, carefully weigh the repercussions. Family ties are invaluable, and often taking a step back to assess the situation can promote healthier long-term dynamics.

Keeping the main thing the main thing

Navigating trust relationships, especially within families, can be fraught with complexities. It’s crucial to approach these situations with a blend of empathy, understanding, and assertiveness. As a beneficiary, remember that you have rights, but strive for a path that honors both those rights and your family relationships.

While you may feel constrained by your circumstances, open communication and informed actions can pave a way forward. You’re not alone in facing these difficulties; many beneficiaries encounter similar challenges. By seeking understanding and resolution, you can work toward a balanced outcome that honors both your needs and the trust’s intentions. Remember, seeking knowledge and support is a powerful step in ensuring that family and trust matters are handled with care.

“We only got the bank account:” Why Property Titles and Beneficiary Designations Matter.

October 8, 2024 /

My father passed away four months ago. Our mom had preceded him in death by several years, and three years ago, Dad married 'Jane' when he was 71 years old. After they married, Dad told me and my siblings that his will left everything to us. At that time, he had about $300,000 in the bank, a company retirement plan worth $800,000 and the house we were raised in. He sold the house after he and Jane married and bought a condo. Now the lawyer tells us that we're only getting what was in the bank accounts. Dad didn't change his will, so how could this have happened?

Jan M.

The loss of a loved one is a challenging and emotional experience, often compounded by the complexities of navigating their estate. This scenario underscores the vital role that legal title and beneficiary designations play in determining who receives property after someone’s passing. Understanding how assets are titled and the impact of federal laws such as the Employee Retirement Income Security Act (ERISA) is essential in estate planning.

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Siblings concerned about Step-Mother’s Use of Trust Fund

September 26, 2024 /

My dad passed away about seven years ago and left a sizeable trust to his wife. The trust is supposed to take care of her for her life before passing to me and my three siblings when she dies. That's all we know about it. We think she is the trustee, but we've never asked because we want to avoid drama. We know she has other assets that she brought into the marriage so we hope she's not draining the trust at our expense. How do we go about finding out the details of this trust, such as how much is in it, what it's being used for, and who is in control of it?

Missy F

This is a tough but very common family situation, caused in part, by a lack of communication about your dad’s plan while he was living. When your dad passed away and left a trust for your stepmother, it undoubtedly added layers to an already emotional situation. Now, faced with uncertainty about the trust’s details and anxious about its potential impact on your inheritance, you’re understandably concerned.

Finding out about the specifics of a family trust, especially when feelings run high, requires a gentle and thoughtful approach. Here’s some ways you can seek the information you need while preserving family harmony.

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How to Divide Sentimental Items in an Estate

September 24, 2024 /

My mom recently passed away and I am the executor of her will. The will is fairly simple with everything divided equally between me and my four siblings. The problem is that there are a lot of heirloom items, including art, jewelry, furnishings, and several sentimental items that I know several of us have an interest in. Some are worth quite a bit, but most of it holds only sentimental value. Since I am responsible for dividing these items equally, how can I fairly and objectively do this without it looking like I'm favoring myself?

Betsy T.

First of all, I’d like to extend my heartfelt condolences for the loss of your mother. Navigating the complexities of grief while handling the responsibilities of being an executor can be an incredibly challenging task. It’s commendable that you’re seeking a fair and objective way to manage your mother’s legacy while honoring her memory and considering your siblings’ feelings.

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