“Navigating the impact of wealth responsibly across generations.” Copyright 2011 Dr. Paul White All Rights Reserved. Birmingham Estate Planning Council.

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Presentation transcript:

“Navigating the impact of wealth responsibly across generations.” Copyright 2011 Dr. Paul White All Rights Reserved. Birmingham Estate Planning Council April 7, 2011 Paul White, Ph.D. Why Well-Drafted Trusts are Necessary but Not Sufficient to Avoid Family Conflicts in the Future

Introduction Fight over the Family Foundation Copyright 2011 Dr. Paul White All Rights Reserved.

Common Problem Area #1: “Fairness” *Being “fair” is important to most parents *Fairness is in the eye of the beholder *Fairness changes over time Copyright 2011 Dr. Paul White All Rights Reserved.

Common Problem Area #2: Family Relationships *Husband and Wife (& second marriages) *Parents / Adult Children *Siblings *Daughters-in-law, Sons-in-law *Cousins Copyright 2011 Dr. Paul White All Rights Reserved.

Common Problem Area #3: Foundations *Parents / Children *Daughters-in-law, Sons-in-law *Grandchildren *3 Generation extended family Copyright 2011 Dr. Paul White All Rights Reserved.

Common Problem Area #4: Dysfunctional Family Members *Drug & alcohol problems *Financially unwise individuals *Difficult people Copyright 2011 Dr. Paul White All Rights Reserved.

What Can Be Done To Deal With the Challenges 1.Listen & Clarify (don’t problem-solve) 2.Educate the family members 3.Facilitate appropriate communication 4.Negotiate: “What can you live with?” 5.Support over time Copyright 2011 Dr. Paul White All Rights Reserved.

Conclusion Facilitating family communication will lessen the amount of major conflict you will have to deal with over time, but for a variety of reasons you probably aren’t the best person to do the facilitation. Copyright 2011 Dr. Paul White All Rights Reserved.

Why an attorney or family advisor shouldn’t try to facilitate family meetings: 1.Ethical issues: *Who is your client? *Confidentiality/privilege issues 2.Murky waters – *Perceived loyalty issues *“Tar baby” issues 3.“No win” situations *Someone that can speak the truth *Somebody to blame Copyright 2011 Dr. Paul White All Rights Reserved.

“Navigating the impact of wealth responsibly across generations.” Copyright 2011 Dr. Paul White All Rights Reserved. Paul White, Ph.D. Director of Family Coaching & Personal Development