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Of Legacies and Family

Never have so many had so much. A recent study by TNS, a British consulting group , estimated there were 8.9 million American households with a net worth of at least $1 million, excluding the value of their primary home. 

    Think about it. Millions of millionaires.

    That’s a long way from “ashes to ashes, dust to dust.” It also implies that lots of us are facing an issue rare in human history: What do we do with all the assets we leave behind?  How do we prepare our spouses, children, and grandchildren?

    To find out, I asked Don Malouf, Dallas estate planning attorney  extraordinaire. The co-author of ten volumes on estate and tax planning, he doesn’t do what many estate attorneys do--- try to amaze you with the number of unexpected permutations of death and distribution  that could occur within your very own family.

    Instead, he goes to the heart of the matter.  “An estate plan is the easy part. Sadly, plans are frequently motivated by the wrong reason--- saving taxes--- when it is really an opportunity to do something for the family.”

    The word “opportunity” is important.

    Rather than writing a will and locking it up, not to be read, revealed, or discussed until the Prime Mover is gone and all the miscreant family members are gathered for the reading as in an Agatha Christy novel, Malouf suggests doing, talking, and relating while you are still alive. Like all opportunities, he points out, it won’t last forever.

    He suggests a “family meeting”---a gathering in which the parents or grandparents can have their attorneys explain what they are doing, how they are doing it, and why they are doing it that way.  “The most precious wealth a person has is his or her family. To abuse that wealth by not treating one’s family informatively and fairly is worse than burning money,” he said.

    He quickly points out that disclosing dollar amounts is “neither necessary nor particularly desirable.” Nor should the presentation be complicated. Instead, it should be
Published Oct 01 2006, 10:50 AM by scottb
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About scottb

Scott Burns has covered the changing world of personal finance and investments for nearly 40 years. Today, he ranks as one of the five most widely read personal finance writers in the country. Scott began his career as a newspaper columnist at the Boston Herald in 1977 where he was also the financial editor. Nationally syndicated in 1981 and now distributed by Universal Press, the column appears in newspapers from Boston to Seattle. In 1985 he joined the staff of the Dallas Morning News where his column quickly became one of the most widely read features in the paper. He left the Dallas Morning News in 2006 to become one of the founders of AssetBuilder and its Chief Investment Strategist. Burns is a graduate of Massachusetts Institute of Technology (1962). He has written four books, including "The Coming Generational Storm" (MIT Press, 2004) coauthored with economist Laurence J. Kotlikoff. His fourth book, also coauthored with Kotlikoff, will be published this spring by Simon & Schuster. "Spend Til' the End" uses consumption smoothing to demonstrate the errors of conventional financial planning. His business experience includes working as a staffer for a major consulting company and service as a director and audit chairman of a NASDAQ listed manufacturing company. He and his wife divide their time between Dallas and Santa Fe, New Mexico.
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