Skip to main content

Avoid Fights when Dividing Personal Possessions

Who should get the old dining room table that came from Grandma’s house? Who should get mom’s diamond ring? What about those Civil War relics from Grandpa’s side of the family? What about the family photos?

Dividing up family heirlooms can be a touchy subject. If you leave the decision until after you die, your children may end up fighting over simple personal possessions. Most of the Wills I write for clients say to split the assets equally among the children. That will be easy for the cash, stocks and bonds, but not so easy for the stuff.

In many families, the actual division is handled by the children, and done with fairness. In other families, the little things cause no end of trouble. Years of bitter feelings can come from the thoughtless actions of one child after the parents are gone. To avoid these problems, you should plan ahead and talk things over with your family. By bringing children and others in to the conversation, you can make things easier for them later. Children need to actively participate in this discussion too. If you don't like what your Mom has to say, then speak up, she might not know otherwise.

Every family handles the division of property differently and you need to figure out what will work best for your family. Some families want heirlooms to be divided equally; others feel that one child should have certain items. You can specify certain items in your Will, but it is hard to list every single thing. The family will have to reach some sort of arrangement for anything not specified in your Will. The most important thing is to discuss it with your children so they understand the how you feel. You should explain to them that you want the family to stay in harmony and not fight over mere physical objects.

These discussions are also a good opportunity to share memories and stories about the heirlooms. You get the opportunity to explain why something may be important to you, and you can find out what items are important to your children. You may think your oldest daughter wants your tea set, only to discover that it has no meaning to her and she really wants grandma's quilt.

There are several ways families can divide things. One option is for you to pick who gets what and to specify it in your Will. But, you should consider your children's interests. Don't leave a piano to a child who isn't interested in music. Another option is to ask your children what they want. If there are items that more than one person wants, you can all sit down to discuss a solution.

You could have the children do a “round robin,” where each gets a turn picking something. The kids might hold their own private auction and “buy” the assets they want. You can specify any of these ideas, or others, in your Will. But, it may be best to leave it up to your children, so they aren’t stuck with a system they don’t like. That means the best advice is to talk it out sometime soon. Nothing beats good communication for resolving issues before they become family feuds.

Comments

Popular posts from this blog

Ending the Two Year Wait for Medicare for SSD Beneficiaries

A Bill, pending in Congress, would end the two-year waiting period for Medicare benefits for people who qualify for Social Security Disability (SSD) - individuals who have suffered a medical condition that renders them unable to work ("Permanently and Totally Disabled"). Medicare coverage is currently available to individuals who are determined to be eligible for SSD benefits, but not until 29 months after the month in which SSD eligibility is determined. For those without private insurance, who can't afford COBRA, or whose costs exceed the catastrophic limits of their private coverage, the 29 month wait creates serious financial hardship and often leads to impoverishment for those who need to spend down for Medicaid coverage. Some couples must consider divorce to protect the non-disabled spouse. Please ask your Senators and Representative to co-sponsor the Ending the Medicare Disability Waiting Period Act of 2009 (S. 700/H.R. 1708), which will end this two-year waitin...

Stratfor - When Things Go Bad

I regularly read reports from Stratfor - an information service that comments on world affairs, terrorism and even personal safety.  This report is good reading to help anyone survive a bad situation. I thought it was worth repeating. When Things Go Bad By Scott Stewart Over the past several weeks, we [Stratfor] have discussed a number of different situations that can present a common problem to people caught up in them. First, we discussed how  domestic terrorism remains a persistent threat  in the United States, and that despite improvements in security measures since 2001,  soft targets still remain vulnerable to attack  by terrorist actors driven by a variety of motivations. Due to the devolution of the jihadist threat toward the grassroots, there is also a growing trend of jihadist actors using armed assaults instead of bombing attacks. We also discussed the  continuing problem of workplace violence , and finally, we discussed last week...

WILL YOU REALLY NEED LONG TERM CARE?

By Edward H. Adamsky             “The potentially catastrophic consequences of becoming disabled and needing long-term care is arguably the gravest financial risk that older adults face” says an Urban Institute report. But, will it happen to you? And, if so, have you saved enough money to pay for it? These are the worries we all face as we age. This is a worry even for younger folks because an accident or illness could trigger the need for care at any time.             The Urban Institute report shows that even though there are 6 million older Americans who need assistance with their activities of daily living, only about 500,000 folks are actually in nursing homes. Some use paid at-home care and many rely on unpaid family care. It seems that your chances of needing and paying for expenses care are relatively low. The stated average cost in the report is $138,000 for the ...