Our clients often express concern about protecting the inheritances of their children. Sometimes, parents worry about the security of a child’s job and what will happen if he or she loses that job, cannot pay bills, and subsequently loses the inheritance to creditors. Other times, parents worry about the influence a child’s spouse has over their child’s money management decisions. A child embroiled in a “bad marriage” frequently leads to parental concerns over an inheritance being diminished or lost through divorce. Finally, parents often wonder whether their children are mature enough to handle an inheritance on their own. Fortunately, there are a number of ways for you to leave an inheritance to your children and protect that inheritance against threats such as these and more. Certain types of trusts, for example, have the power to accomplish this goal, with the added benefit of avoiding probate. Here are a few examples.
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Maybe it’s the son-in-law you’ve never really liked, let alone trusted, who wields undue influence over your daughter. Or the ex-spouse who continues to make trouble seven years after your divorce. Or the son whose irresponsibility and self-destructive behavior forced you to disinherit him. If you have reason to believe that an estranged family member might challenge your will, trust, powers of attorney or other planning documents, you may want to consider obtaining a letter of competency. Why? Many such challenges are based upon claims of incompetency—that is, the legal documents are invalid because their creator was of unsound mind. A letter of competency will help dispel notions that your documents were created while you lacked the mental capacity to make sound financial and legal decisions. A letter of competency is typically written by a primary care physician who is familiar with any changes in a patient’s baseline mental and
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