For more information about the author, click to view their website: Bellomo & Associates
It is very rare for us to assist a family with their estate planning we are not asked by the parents whether or not they should talk to their adult children about their estate planning and about the inheritance. For years, I always recommended to clients that they have the conversation up front early and often with their kids. I always believe in full transparency and no surprises. Particularly in a situation where you may be providing for charities or other outside individuals, or maybe are not providing for your children equally.
I would always recommend to the parents that they try to let the children know that they plan to have the conversation and when. Giving the children a chance to come to grips with the fact the mom and dad are going to be talking to them about death and potentially the future. I always recommend that they do it around the period when there is not a lot going on in the children’s lives such as buying a new home, having a new child, or some major life event.
For years I would hear from clients who were so glad that they did have the talk with their kids and maybe even had several conversations. Although kids are typically skittish about talking about death, once you have the conversation they’re grateful to have an insight into your thoughts, ideas, and where you are headed. I rarely found children who didn’t want to carry out the wishes that Mom and Dad intended. Typically, the problem that we run into is if mom and dad did not tell the children clearly about what they intended the children end up fighting over the intent of the parent. Having the conversation ahead of time typically eliminates the issue of fighting about intent later.
I recently had several clients come back to me and tell me that the conversation did not go well and that the children and their relationship changed because of it. I tried in several of the conversations to dig a little deeper to figure out exactly what happened and where things went wrong, but unfortunately, I was unable to get enough detailed information to ascertain where the issue arose, what the issue was actually all about, and why it has changed the relationship.
Due to the fact that I was unable to truly dig to find out what happened in the context of the conversation, I am hesitant to still not recommend having an open and honest conversation. My one client specifically said that he wished he would not have had the conversation ahead of time and it would’ve been better just to allow the documents to speak for themselves and allow him to die. I understand where he is coming from, especially since he believes that having the conversation changed the relationship.
I still believe that it is better to know that up front, and to be open and honest and know where you stand. The bottom line is that it is your estate planning, and you do not need permission from anybody, including your children, about doing it. Having the talk with them is more to make their lives easier after you are gone, and honestly is about them and assisting them moving forward, and also making mom and dad feel good. I do feel bad that a couple of the conversations didn’t go as planned, but maybe it opened up other issues that were there anyway, that were going to come up, and maybe now better than later.
We wish you nothing but the best in having a conversation with your kids about the inheritance and your estate planning. It is always a good idea to have your attorney have the conversation with them as well as to have a third party provide the information. We often have this conversation at no additional charge for our clients to help guide the conversation.
Please contact our office if you would like to discuss your estate planning or have us assist you in discussing these issues with your children. For any questions or help having this difficult conversation with your family, contact us at 717-208-4546.
Pennsylvania Link is not just a program; it's a movement committed to improving access to long-term care supports through an integrated network of partners dedicated to expanding community-based solutions. With a focus on promoting consumer-directed decision-making, enhancing efficiency, and elevating the quality of service, Pennsylvania Link is transforming the landscape of care for residents across all 67 counties. The Aging and Disability Resource Centers (ADRC), also known as PA Link for Pennsylvania, is designed to offer a seamless approach for seniors and adults with disabilities seeking assistance with activities of daily living. PA Link is not just a service provider; it's a lifeline for those navigating the complex terrain of care services. PA Link has woven a web of collaborative Partners with local professionals and organizations, to improve the navigation of care services. This integrated network ensures that individuals receive the support they need, regardless of age, physical/developmental disability, or ability to pay. Through cross-training and information sharing, PA Link is breaking down barriers, reducing duplication, and responding to the diverse needs of its community. No Wrong Door: A Statewide Gateway to Assistance PA Link provides a lifeline for those seeking assistance through its free statewide number 1-800-753-8827. Trained counselors stand ready to guide residents through identifying services, determining eligibility, and seamlessly navigating the application process. It's a "no wrong door" approach, ensuring everyone has a clear and direct path to the information and support they need. Personalized Pathways with Person-Centered Counseling In addition, PA Link offers Person-Centered Counseling (PCC). This free counseling and assistance program takes a detailed approach, crafting plans tailored to individual needs, values, and preferences. PCC sets dates, deadlines, and follow-ups to ensure success, making it a beacon of support for those in need. Join the Movement: Pennsylvania Link Pennsylvania Link to Aging and Disability Resource Centers has helped thousands with their seamless and thoughtful approach to finding care and resources! All PA Link services are FREE and anyone can call! To see how PA Link can assist you or to join the initiative, visit the PA Link Website at https://berkslancasterlebanonlink.org/, or call the statewide PA Link Call Center at 1-800-753-8827.
Why Hire an Elder Law Attorney? Elder law attorneys specialize in estate planning, incapacity planning, and end-of-life care for seniors, helping them remain in their homes and protect against abuse. They are essential in planning for the future and addressing the needs of a vulnerable population. How Can an Elder Law Attorney Help? Long-Term Care Planning: As the number of Americans over 65 is projected to exceed 80 million by 2040, planning for long-term care is increasingly important. Elder law attorneys assist seniors in creating financial plans to cover essential needs like food, rent, and medical care. They also guide clients in applying for public benefits such as Medicaid and Medicare. Housing: Many seniors wish to age in place. Attorneys can represent clients in landlord-tenant disputes, helping them navigate issues like city ordinance violations. They also protect seniors against housing discrimination under the Fair Housing Act. Estate Planning Document Preparation: Elder law attorneys draft critical documents such as wills, health care directives, and powers of attorney, ensuring that seniors rights are protected regarding retirement benefits and medical decisions. A solid estate plan reduces family stress and potential inheritance disputes. Incapacity Planning: Attorneys can help document care wishes for seniors facing disabilities or conditions like dementia. With the rising number of Alzheimers cases, having a plan for incapacity is vital for protecting financial and physical well-being. Guardianship: In cases where an older adult cant make decisions due to conditions like dementia, attorneys assist family members in securing guardianship, which involves legal proceedings and court hearings. They can also advocate for the seniors autonomy by exploring alternatives to full guardianship. Combating Elder Abuse: Elder abuse is a significant public health issue, affecting one in six adults aged 60 and older. Elder law attorneys are well-versed in the rights of seniors and can provide legal recourse against abusers while implementing safeguards like advance directives to protect against financial exploitation. By addressing these diverse needs, elder law attorneys play a critical role in supporting the aging population and ensuring their rights and well-being are protected. Editors Note: This article is for informational purposes only and is not intended to be legal advice.This article was submitted by Ashley Day, Esq. Reach her at 251-277-3377.
When I ask our younger clients if they would like to complete a Health Care Directive, they often say no, stating that they are too young to need such a thing. My response is always, What does age have to do with end-of-life decisions? I can think of at least fifty examples of a young person ending up in the end stage of life and a family member having to make difficult decisions on their behalf. Please, do not get lulled into complacency by thinking that age is protection. I was in my doctors office recently when I noticed a large collage talking about the importance of having a Living Will or Health care Directive. It emphasized the importance of having such a document, regardless of how old you are, reinforcing to me what our office always stresses to our clients and the community. A Health care Directive is a document in which each of us tells our loved ones how we want the end of our life to be handled. When we are in a permanent vegetative state, a permanent state of unconsciousness, or in the end-stage of a medical condition, all with no reasonable likelihood of any significant recovery, it provides answers such as Do you or do you not want to be resuscitated, to you want tube feeding, and appoints an agent that can serve to make decisions for you once you are unable to do so yourself. One of the quotes on the doctors display said, End-of-life decisions should not be made at the end of life. Another said, For human beings, life is meaningful because it is a story, and in stories, endings matter. Another said, I have an Advanced Directive, not because I have a serious illness, but because I have a family. Most of us know what medical decisions we want at the end of our lives, but have we communicated that to our family and loved ones? When we meet with clients to help them create estate planning documents, we always point out to them that they have the option in their Health Care Directive of deciding what, if any, extraordinary measures they want to be taken at the end of their lives. Once they select those options, we then come to perhaps the most difficult question of all: Should these instructions be binding on their families and providers, or do they want their loved ones to be able to override their decisions? Many opt for binding instructions so their loved ones do not have to make any of those difficult decisions in the heat of a devastating crisis. Either way, they have expressed their desire to guide their loved ones. Age is not a factor in creating a Health Care Directive; tragedy can strike unexpectedly at any age. The expense is low, but the peace of mind comes from knowing that when our time comes, we have already made those decisions for ourselves and our loved ones. So, start the conversation with your family. Communicate your wishes to them and urge them to communicate theirs to you. Then, go to a qualified estate attorney and put those wishes on paper so that when your time comes, all involved, including your medical providers, know how you want the end of your life to be managed. We offer FREE Workshops each week. You can also call our office at (717) 208-2899.
We Educate so what happened to the Bellomo Family doesn't happen to yours!Our firms mission is to ensure that you and your family never needlessly, painfully suffer. Every team member has a personal story that has brought us here to advocate for you and your family. We want to replace your burden with peace of mind. We have the answers, but more important, we have your back.Bellomo & Associates, LLC advises Individuals and families, business owners, senior citizens, and their families about the estate planning and elder law challenges facing them today. For seniors and their families facing the issues of aging, or for those of any age who wish to protect their familys financial future, we counsel clients and provide solutions on Asset Protection; Specials Needs Trusts; Wills; Trust Design; Medicaid; Estate Planning; Nursing Home Matters; and Estate Administration. For our clients who own businesses, our team assists them with succession planning for their business in conjunction with their estate planning. We have office locations in York, PA, and Lancaster, PA.We offer FREE workshops! Our workshops are fun and entertaining ways to learn! We provide you with the information to decide what is right for you. If after attending, you decide we arent the right fit no problem! Youll never feel any pressure from our team.