Someone is always looking for an opportunity to take from you. While you can see this with other people, it is sometimes hard for us to see it in our own families and friends. However, it does happens.
With the aging baby boomer population, more people are seeking out and befriend elderly people in hopes of taking advantage of them. This means that your inheritance could be lost to thieves. Therefore, you must protect yourself and your family from anyone who may come along looking to take what you have.
To protect yourself, you must put a good plan in place. Here are five things you can do, starting today:
.1. Don’t Be a Stranger
This may seem obvious and trivial; however you would be amazed at how many times adult children are shocked to find out that their parent changed his or her Will or Trust to name someone other than the children to receive the parent’s estate when the parent dies. This can be due to the undue influence of neighbors, friends, and even persistence strangers.
Because these people are always around your parents, you will be surprised as to what they may be asking your parents to do or sign. The best thing is to “don’t be a stranger” and visit your parents in person; and not just over the phone, internet or texting. Sit down more often and talk with them about what is going on.
If your parents and loved one is older and needs help, then you should be the one helping ensure that person is cared for. You should be the one making sure that your older parent has a way of getting groceries and other necessities. Don’t force your dad to rely on strangers to take him shopping and to the casino.
.2. Document Your Parent’s Testamentary Wishes
Whatever your parents’ wishes are, make sure they are documented. Talk with your parents to determine what they want to happen when they pass on. Ask lots of questions, then talk with them about putting it in writing. You should take the proactive steps of contacting an estate attorney that will help to put everything in legal form.
.3. Deal with Family Photos and Heirlooms Now
A lot of times family photos are taken or thrown away by one impulsive adult child before the other relatives have an opportunity to get copies. The best way to deal with this is beforehand. If your parents have photographs that you like, make yourself a copy of them today. You can use your cell phone to take pictures; then upload those pictures to your computer; cloud account; or print copies for your enjoyment. Also, make copies of any family movies that you like.
If your parent wants a grandchild to have an heirloom (like a wedding ring or piece of antique furniture), the best solution is simply to give the item now. Of course, your parents probably still want the joy of keeping the object during their lifetimes. In that event, make sure that their Will or Trust lists these items and the intended beneficiary.
Note that putting stickers underneath objects, saying that a picture, crystal, silver tea pot, etc. goes to a certain person is not legally enforceable, and there is no guarantee that these wishes will be carried out; even thought they seem to be clearly expressed.
.4. Convince Your Parents To Talk With A Good Estate Attorney
Many older people are reluctant to spend money on lawyers. They would just as soon write up their own document and save the money. Or, in come cases older people figured that they have discuss the matter with an older sibling; and that sibling will know what to do. The problem is that homemade Wills often don’t do what mom or dad intended; and in the case where there is no will, probate and all its related expenses enters into the picture.
.5. Talk to Your Parents about Assets and Titles
You could have the best estate plan, with wills, trusts, health care directive and power of attorney. However, it does no good if the house is titled in joint tenancy with the second wife, and all of the bank accounts and investments are designated as payable on death to the second wife.
Also, if your dad told you every year for the last 10 years that he has about $1.5 million in assets, and then he dies and he only has $50,000 in a bank account, you know that something happened.
Don’t be shy. Talk to your parents. If they are shy about talking about money (like many older people are), then explain that you are trying to get information so that you can protect them from scoundrels who prey on older people. Say that you do not want to seem like a vulture, but you are asking because you care. And you don’t want your parent to be scammed by someone when they need the money the most.