inheritance issue

Financial Planning - Financial planning in general. (Moderated) 

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Subject Author Date
inheritance issue Will Trice 04-22-2009
---> Re: inheritance issue HW \"Skip\" Wel...04-22-2009
Posted by Will Trice on April 22, 2009, 9:28 am
Hey all,

This may not quite be a financial issue, but we talk about inheritance
issues a lot here so I thought I'd throw this out. Sorry if this is too
far off topic.

Let's say I have a family heirloom that I want to hand down to another
member of the family upon my demise. However, I want to ensure that the
heirloom remains in the family (or goes to a museum) after I die. In
other words, I don't want this family member to have a change of heart
down the road and sell this thing. Is there a trust structure or some
other instrument that I can put in place, other than family guilt (of
which there would be plenty), to enforce my wishes once the heirloom
changes possession?

And just so I don't sound too morbid, this question isn't actually for
me, but for yet another member of my family. Writing it in the first
person was just easier...

Thanks!
-Will

william dot trice at ngc dot com


Posted by Avrum Lapin on April 22, 2009, 1:23 pm

> Let's say I have a family heirloom that I want to hand down to another
> member of the family upon my demise. However, I want to ensure that the
> heirloom remains in the family (or goes to a museum) after I die. In
> other words, I don't want this family member to have a change of heart
> down the road and sell this thing. Is there a trust structure or some
> other instrument that I can put in place, other than family guilt (of
> which there would be plenty), to enforce my wishes once the heirloom
> changes possession?
>
The simple answer is yes - give it to the museum with the proviso that
the family member can hold it during their life time. Hopefully the
museum will follow up

Does the family member appreciate the heirloom and will they properly
care for it. How will they dispose of it after death or when no longer
of value value to the givee.


Posted by Will Trice on April 22, 2009, 10:31 pm
Avrum Lapin wrote:
> give it to the museum with the proviso that
> the family member can hold it during their life time. Hopefully the
> museum will follow up

At this point the museums that are interested will not take the heirloom
due to its condition.

>
> Does the family member appreciate the heirloom and will they properly
> care for it. How will they dispose of it after death or when no longer
> of value value to the givee.
>

These are apparently hard questions for the giver to answer. The
recipient is willing to spend considerable sums to transport and restore
the heirloom to museum quality over several years and makes claims that
it will be transferred to another family member or to a museum upon the
recipient's death. For some reason the giver does not take this at face
value and the recipient is looking for a way to reassure the giver.

-Will

william dot trice at ngc dot com


Posted by Elizabeth Richardson on April 23, 2009, 12:02 pm

> Avrum Lapin wrote:
>
> These are apparently hard questions for the giver to answer. The
> recipient is willing to spend considerable sums to transport and restore
> the heirloom to museum quality over several years and makes claims that it
> will be transferred to another family member or to a museum upon the
> recipient's death. For some reason the giver does not take this at face
> value and the recipient is looking for a way to reassure the giver.
>

Does the giver have any other options for bequeathing the item in question?
S/he needs to think about this. No museum will take it - s/he's sort of
stuck, right?

I saved money for my grandchildren to help them with college. It wasn't a
lot of money and it certainly wasn't going to provide a 4 year college
education. I am mindful that the money was a gift, so, while I had ideas on
its use, it was no longer mine to spend. Your heirloom giver is in the same
shoes. Once the item is given, it no longer belongs to him, and he'll be
dead anyway.

Elizabeth Richardson


Posted by Will Trice on May 5, 2009, 7:21 pm
Elizabeth Richardson wrote:

> Does the giver have any other options for bequeathing the item in question?
> S/he needs to think about this. No museum will take it - s/he's sort of
> stuck, right?

Right, the only other option is to sell immediately to a disinterested
party.

-Will

william dot trice at ngc dot com


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