Honolulu Hawaii Estate Planning, Probate and Living Trusts Attorneys Sterling & Tucker

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FROM THE ATTORNEYS PEN May 2006, Volume 20

FROM THE ATTORNEYS PEN

by Judith Lee Sterling

 

Kauai


Dear Friends,

April 15 and income tax season have come and gone, and we all can relax just a little. The CPAs at Sterling & Tucker were very busy making sure that our tax clients filed accurate income tax returns, paid a legal minimum of taxes, and filed returns prepared in such way as to minimize the chance of a tax audit.

Whether you have filed your tax returns or have filed for extensions, your financial paperwork is more or less in one place and your finances are fresh in your mind. Now is the best time to review your financial portfolio and do planning to meet future financial goals. For those of you whose parents may soon need assistance, or are already receiving assistance, this is a good time to review the estate planning, finances and financial planning of your parents.

The topic of your parents finances can be touchy. You do not want to appear greedy and overly interested in an inheritance. For your parents, fears of dependency, incapacity and death can hinder the discussions. If family relationships have not been smooth, a discussion about finances could bring up past conflicts and hard feelings.

It can be hard to accept the fact that your parents will not be around forever, and that you will eventually need to step up to the plate. It is difficult to face their mortality and your own. However, transitions will be less chaotic and easier to face if you have knowledge of your parents planning in advance. If you parents do not resist your helpful suggestions, there comes a time when it is appropriate for you to take a leadership role.

If your parents cultural traditions make talking about money a sensitive (or even taboo) topic, you may want to enlist the help of someone that your parents trust, such as a friend or advisor. This person might encourage your parents to talk with you or have a family meeting. You want to strike a balance between safety and independence. The goal is to make plans before there is a family emergency, at a time when tensions are low, just as one would have an emergency plan for a hurricane.

Ideally, your parents would have somewhere documented the full scope of their medical and financial situation, including the names and addresses of their financial and legal advisors. Find out where they keep financial documents such as social security numbers, investment accounts, insurance policies, safe-deposit box keys, tax returns, wills and trusts and related documents. If they resist, encourage them to at least make a list of these items and let you know where the list can be found in the case of an emergency. In Location Lists in the Estate Planning Portfolio that we have provided to you as part of your estate plan can serve as a blueprint for the information that your parents should have.

Determine whether your parents current financial situation will provide sufficient income for their future needs. Even a well-funded retirement plan can run out of money too soon if it is poorly constructed. If changes are needed, the sooner you raise the issue, the better. Discuss what might happen if your parents can no longer live independently. Your parents might not have a plan in their mind, but might have a lingering concern. Talking about it can bring peace of mind.
Life is a journey and the latter part of the journey can be much smoother and less perilous for parents if their children are traveling with them.

Good luck!


Attorneys Pen

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Estate Planning Attorneys for Honolulu, HI
HONOLULU
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