Inheritance Protection

  • Discourage "Inheritance Fights"
  • Distribute Inheritance Outright
  • Protect Inheritance – Partial
  • Protect Inheritance – Full
  • Avoid "Substance Abuse"

Some children become adults and some just get older. Enough said. And, it may not be your children who would instigate trouble. For example, in-laws can become outlaws. Sometimes, however, making your intentions clear through proper legal planning can short-circuit problems. For example, making clear specific bequests can avoid misunderstandings later.

By far, the simplest method to leave an inhertiance is outright, directly into the name, hands and social security number of your intended recipient. Once the estate is closed, it is theirs, for better or for worse. For extremely "simple" circumstances, this may be an appropriate approach, especially if the recipients are responsible, financially mature and the risk of squandering, divorces, lawsuits or bankruptcies is low. However, if you want to ensure the inheritance stays in your bloodline, then this would not be the recommended approach.

Perhaps you would prefer an alternative to the Outright method of distributing your estate, but still do not want to be "ruling from the grave." If this reflects your thinking, then Partial Protection may be the appropriate Estate Planning Result for you. Instead of the inheritance passing in one lump sum, the eventual Outright distribution(s) would occur when you choose. You may direct that one distribution of the entire principal occur at some future age or life event of the recipient. Alternatively, you may direct that mulitple distributions of principal take place at set ages, or upon the occurrence of certain life events. For example, you could direct that distributions be made with one-third (⅓) at age 25, then one-half (½) of the balance at age 30 and the rest at age 40. That way the recipient has multiple opportunities to succeed (or fail) regarding the inheritance and you are not "ruling from the grave." However, as with the Outright method, if you want to ensure the inheritance stays in your bloodline, then this would not be the recommended approach.

If the Outright and the Partial Inheritance Protection fall short of your objectives to protect the inhertance from and for the recipient, then the Full Inheritance Protection may be the appropriate estate planning result for you. Depending on the design specifics you would select, this arrangement could protect the inheritance from squandering, divorces, lawsuits and bankruptcies. Unlike the Outright and the Partial Inheritance Protection methods, this method is appropriate if you want to ensure the inheritance stays in your bloodline.

When it comes to any inheritance, it can be a blessing or a curse for the recipient. However, if you leave an inheritance to anyone with an addiction, then most likely what you intended as a blessing will be (or become) a curse. Accordingly, you may want to consider protecting the recipient from the inheritance (and the inheritance from the recipient and from enriching those who profit from keeping him or her addicted).

Results Based Estate Planning

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