My brother is coming to visit soon, and one of the things he wants to discuss when he is here is his will. He married late, about 9 years ago, to a divorcee with two grown sons. He brought around $0.5M in assets to the marriage, and she brought only debts. Now assets are 2-3 times what they were when they were married, and he has learned why she only had debts...she pays no attention to spending and she regularly gambles until nothing is left in the account. They currently keep their money separate except for a single, small account, so her habits haven't had much of an impact on their combined assets so far.
My brother hasn't made a will yet, and now finally wants to get around to it. He wants to take care of her future in case of his early demise, but he understands that if he leaves assets directly to her, they will likely be squandered quickly by her either directly or through the influence of her siblings. His assets are about evenly divided between real estate (3 rentals owned solely by him and their home which is owned jointly) and retirement accounts (401k and IRA). While I acted as executor for my father's estate, I really know very little about wills and trusts. I certainly will recommend that he talk to a lawyer about this, but I wanted to get ideas about what alternatives are available to him to financially protect her as an heir from her own financial indiscipline. Should he look into creating some sort of trust now? Or upon his death? How should he title his property, and how should he handle designating beneficiaries on his retirement accounts?
So aside from the lawyer suggestion, any ideas?
My brother hasn't made a will yet, and now finally wants to get around to it. He wants to take care of her future in case of his early demise, but he understands that if he leaves assets directly to her, they will likely be squandered quickly by her either directly or through the influence of her siblings. His assets are about evenly divided between real estate (3 rentals owned solely by him and their home which is owned jointly) and retirement accounts (401k and IRA). While I acted as executor for my father's estate, I really know very little about wills and trusts. I certainly will recommend that he talk to a lawyer about this, but I wanted to get ideas about what alternatives are available to him to financially protect her as an heir from her own financial indiscipline. Should he look into creating some sort of trust now? Or upon his death? How should he title his property, and how should he handle designating beneficiaries on his retirement accounts?
So aside from the lawyer suggestion, any ideas?