Tag: family

McManus Answers NYT Question “Can We Disinherit Our Addicted Son?”

Recently, The New York Times published the Ethicist’s answer to a reader question, “Can We Disinherit Our Addicted Son?” Here’s a shortened version of the question to which the column responds:

Our son has been a heroin addict for 10 years…We have spent a fortune on rehab, counseling, legal fees and more, which changed nothing…

Under other circumstances, we would split everything equally among our children, but for our addicted son, this would be like throwing gasoline on a fire.

We are thinking of putting his share into a trust to be used exclusively for his future health needs, rehab and, hopefully, sobriety. But again, we love our son, and it is heartbreaking to realize we are essentially leaving him nothing tangible. What is the ethical thing for us to do?

And below is McManus & Associates Founding Principal John O. McManus’ take, which is posted alongside the article:

As a principal of an estate and trusts law firm in this New York metropolitan area, it is not uncommon to see these family struggles – you are directionally prudent in your decision. That said, the anguish often comes with discerning whether “it is fair, and could it be more destructive” if my addicted child sees that we are treating him differently from his currently higher functioning siblings. One consolation is that all your children may elegantly receive their family gift into trust. For your other children, the trust serves to protect their assets from others, but each can serve as their own trustee and enjoy the protection of “driving their own armored truck,” making investments and distributions to themselves as necessary. For your currently addicted son, he will have another “driver” (other than himself) to serve as trustee until he reaches emancipation from his addiction one day. It may also be prudent that the trustee not be one your other children, but someone who both knows your son and your wishes for his very best welfare. In the meantime, your other children’s strain will not be compounded by taking his calls as he seeks to achieve access to the trust assets during his period of vulnerability. In the end, your other children will love and protect him by quietly possessing the power to appoint and remove any independent trustee and can regularly remain in consultation to ratify the trustee’s decisions.

For help with setting up a trust to protect your children from asset attacks by others (as well as to protect them from themselves, when necessary), call McManus & Associates at 908-898-0100.

Conference Call: 10 Ways to Prevent Affluenza

Affluenza: “An Ounce of Prevention Is Better than a Pound of Cure”

According to American author Mignon McLaughlin, “There are a handful of people whom money won’t spoil….” Do you think your children are among them? From over 25 years working with wealthy families, we’ve learned that older generations must be intentional to guard against the development of affluenza in children of all ages. As with lottery winners and athletes who often squander significant sums of cash, children who see an influx of assets may mishandle what they have been given without proper preparation.

The term “affluenza”, also known as sudden wealth syndrome, is a portmanteau of the words “affluence” and “influenza.” It is typically characterized by a lack of motivation or a sense of entitlement among those who have inherited large amounts of money.

During a conference call with clients, McManus & Associates Founding Principal John O. McManus recently shared his thoughts on the 10 preventative measures against affluenza below.

LISTEN HERE for details: “10 Ways to Prevent Affluenza”

    1. Discipline Reality Check
    2. Better to Give than Receive
    3. Money Can’t Buy Happiness
    4. Patience Is a Virtue
    5. Knowledge Is Power
    6. No Substitute for Hard Work
    7. Word to the Wise
    8. Failing to Plan Is Planning to Fail
    9. Know when to Say No
    10. Preparation Is the Key to Success

McManus Pens Expert Article for Thomson Reuters Practical Tax Strategies

INTRA-FAMILY LOANS

GIVING THE GIFT OF A LOAN

Intra-family loans can provide tax benefits to both lenders and borrowers if properly structured.

JOHN O. McMANUS

JOHN O. McMANUS is a top AV-rated estate planning attorney and the founding principal of TriState Area-based McManus & Associates (www.mcmanuslegal.com).

When it comes to wealth management, sometimes the gray area is the sweet spot. There are often legitimate opportunities for growing and preserving assets beyond the welldefined, black-and-white tax rules. Identifying these legal loopholes can greatly benefit a client and his or her loved ones, without breaking any laws.

Gifting as a loan, or intra-family loans, is an estate planning technique which, under rules set forth in the Code, allows a significant amount of money to be transferred to a family member with a customized repayment plan—sans the gift tax implications. Also, there are no concrete limitations on the family members who can be borrowers or the trusts for their benefit. With carefully structured lending— through a promissory note, for example—the borrower is able to take advantage of interest rates below those charged by commercial lenders, as the government allows relatives to pay a very low, “safe harbor” interest rate. In a parent-child relationship, the child then pays back the loan over time.

McManus Interviewed for Wall Street Journal’s “Watching Your Wealth” Podcast

In the Wall Street Journal’s newest “Watching Your Wealth” podcast, Veronica Dagher interviews McManus & Associates Founding Principal John O. McManus on red flags that warn you your adult kids are using you for your money and/or are trying to get a bigger share of your estate. In the episode, Veronica does a “fun estate planning quiz” with John, as well, and asks him to share the best and worst estate planning advice he’s ever heard, what an estate can and can’t buy, and what he would do with $1M after tax if he inherited it.

Click here to listen to the quick, 11-minute episode: http://bit.ly/2pckWFo

To set up a time to discuss the family dynamics impacting your estate plan with the McManus & Associates team, give us a call at 908-898-0100.

Are Your Adult Children Using You For Your Money?

McManus & Associates’ John McManus discusses the red flags your children may be taking advantage of you financially and how to better communicate with them about money.

11 min: LISTEN

 

McManus Guidance on How Parents Can Help Protect Young-Adult Children Featured in College Series

Colleen Moriarty, a seasoned health and lifestyle writer and a staff writer for Addiction.com, recently tapped McManus & Associates for advice on important legal documents that should be put in place for children who are already 18 or will soon be of legal age before they head off to school. Her article, “Help Your Child Stay Safe at College”, is part of a series called Off to College 2015: The First Six Weeks.

Moriarty’s article opens by shedding light on the importance of planning ahead to protect college-bound children, because, as McManus points out:

“If an accident, emergency, mental health crisis or trouble with substance abuse should arise after your son or daughter’s 18th birthday, you have little or no legal right to step in without legal documents that explicitly give you that authority.”

DailyFinance Cites Tips from McManus on Legal Decisions That Should Be Triggered When a Child Turns 18

Daily FinanceIn the eyes of the legal and financial world, an 18th birthday represents a major shift. Motley Fool Contributing Writer Michele Lerner’s latest DailyFinance story, “Parents: Are You Legally Ready for Your Kids to Be Adults?” utilizes tips from McManus & Associates to show families steps that should be considered when a child turns 18.

Top 10 Ways to Protect Children Under 18 and Over 18, Stateside and Abroad

Even for children who have newly become legal adults, parents need to be empowered to make decisions to help protect them in times of need. Laying out important considerations for families to discuss before and after children turn 18, McManus & Associates – top-rated, Tri-State-Area-based trusts and estates law firm – today released the newest edition of its educational focus series. The discussion, “Top 10 Ways to Protect Children Under 18 and Over 18, Stateside and Abroad,” identifies questions parents should evaluate, from who should be named as local representatives on a health care proxy for minors to whether a prenuptial agreement is appropriate if an adult child is soon getting married.

DailyFinance Shares How McManus Helped Clients Avoid Estate Planning Nightmares

Daily FinanceEstate planning nightmares don’t just exist in dreams. Writing for DailyFinance, Reporter Michele Lerner relays several real-life horror stories that arose—and certainly have been replicated in similar forms far and wide—due to families neglecting to have detailed conversations about inheritance plans. “According to the 2014 Intra-Family Generational Finance Study by Fidelity Investments,” Lerner writes, “64 percent of parents older than 55 who have at least $100,000 in investable assets and their adult children over 30 aren’t on the same page about when the right time is to have conversations about estate planning.”