@roethlisburger @twoinanddone @CT1417
The last time we updated wills, ds had just turned 18. We updated at that point because we no longer needed to have a guardian lined up in the event of our simultaneous deaths and we had not updated since ds’s birth.
We don’t have 7 figures, but we don’t have an insignificant amount either. At the time we updated, it didn’t seem prudent that ds would, at the age of 18, have such significant assets dumped in his lap should we both pass at the same time. I had one POD account that would cover a quarter’s worth of college costs, so he would have immediate access to cash. I, too, need to read back up on what we decided to do, but my memory is that all the assets went into a trust for ds’s benefit. Assets are managed solely by a trustee until ds is age 30, and assets are then co-managed by trustee AND ds until he is 35 at which point all assets are distributed to him. This was what the attorney advised at that point in time. There are no set amounts to be distributed, but there aren’t restrictions either. I can’t recall the exact verbiage, but it allows the trustee flexibility. The trustee is a bank trust department. In the past we had various individuals listed as trustees, but the continuity of an institution appealed to us at the time. The individuals we had were friends. We have NO ONE in our family who could serve as trustee. Until ds turned 18 his guardian should we pass was also a family friend (different from the trustee, of course). Ds is now 22, and we have moved to another state, and we feel it is time to update again. I seriously doubt that we will keep that trust structure, and would probably give everything to ds outright, but he haven’t met with anyone yet. So, yes, the way it is set up now there would be someone to help with all the things that @TdoesCollege mentioned.
Like @Marian - thus far, we have not dealt with any parent in the family going through long term care. Dh’s dad died suddenly and unexpectedly as well. His mother is the only living parent we have. We hope to leave ds something, but we also hope that our care is covered so we are never a burden to ds. If all we have gets eaten up by our care, that is what happens.
I will say that my view on much of this is skewed based on my own personal experience. I lost both of my parents at age 24. It does happen, you know. My parents had recently changed their wills (and my dad had reduced his life insurance) after I had graduated from college. Everything came straight to me. Prior to that change there had been a pour over trust in place. I am absolutely leaning at this point to just leaving everything outright to ds. Inherited property is not marital property regardless (I was engaged, not married when my parents died). Ds is a “young” adult. While a generalization, I think there is a big difference in the maturity level of a 22-year-old and a 35-year-old. Our intent was not to keep money from ds, but to preserve it and allow him to have time learning to manage it and mature. I am not trying to control my finances from the grave - I am trying to be responsible. A fully-launched, financially independent adult, is a different animal from an 18-year old college freshman. Both, however, are technically adults.
If we update our wills, we will certainly let ds know that the trust issues are no longer there. The plan would be to do a revocable trust to avoid probate. But, letting him know of that change is a separate issue from letting him know what we currently have.
I have appreciated all comments! Thank you!