Wills, Trusts, & Estate Planning

catii

Recycles dryer sheets
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Another birthday came & went, so my wife & I sat down to redo our wills & trusts. Many things have changed since the last updates, a decade ago, which is why I'm seeking advice.

First, the good news is that we're in great financial shape. Our home is paid off ($1.7 million), as is our rental property (two units, $1.6 million). Our investments have been affected by the stock market, of course, but still amount to approximately $1.5 million. we have quite a few other assets (artwork, precious metals, etc) that add another $2 million or so. I'm now 76, & my wife will turn 69 in 45 days.

On the negative side, we have a family that is dysfunctional, to say the least. My wife has no living family, which is good, as her brother stole hundreds of thousands from her mother's estate, before he died of cancer. My side includes an ex-wife, now deceased, thanks to my youngest son, who is a permanent reident of the state of Arizona. My daughter is a nutcase, who made so many threats, that we have a TRO, as well as a formal disinheritance. That leaves my oldest son, who lives nearby, & three grandkids.

Our son is the logical Executor, but therein lies the problem. His wife is Japanese, with an elderly mother who lives in Tokyo. She is in her mid-80s & healthy, but as soon as she needs help, our son & his wife are moving to Japan, permanently, to live in the house that her mother owns. I have two younger sisters, neither of whom are healthy enough to be the Executor. Two of the three grandkids are still in college, & the third refuses to even talk about wills.

My wife & I own two corporations, so our estate is fairly complex. We have a good estate attorney, who is a fellow Rotarian, but no one to act as our primary Executor, as our son's wife wants nothing to do with anything that might slow down their relocation, when her mother eventually needs help.

So, I'm left with a lovely home in Hawaii that overlooks the Pacific Ocean, but no one who wants to live in it. Do any if you have a similar situation, or at least a good answer?
 
My thought is to have your son's MIL move from Japan to Hawaii. As you know, there are many Japanese living there so your MIL can connect with that community.
 
Another birthday came & went, so my wife & I sat down to redo our wills & trusts. Many things have changed since the last updates, a decade ago, which is why I'm seeking advice.

First, the good news is that we're in great financial shape. Our home is paid off ($1.7 million), as is our rental property (two units, $1.6 million). Our investments have been affected by the stock market, of course, but still amount to approximately $1.5 million. we have quite a few other assets (artwork, precious metals, etc) that add another $2 million or so. I'm now 76, & my wife will turn 69 in 45 days.

On the negative side, we have a family that is dysfunctional, to say the least. My wife has no living family, which is good, as her brother stole hundreds of thousands from her mother's estate, before he died of cancer. My side includes an ex-wife, now deceased, thanks to my youngest son, who is a permanent reident of the state of Arizona. My daughter is a nutcase, who made so many threats, that we have a TRO, as well as a formal disinheritance. That leaves my oldest son, who lives nearby, & three grandkids.

Our son is the logical Executor, but therein lies the problem. His wife is Japanese, with an elderly mother who lives in Tokyo. She is in her mid-80s & healthy, but as soon as she needs help, our son & his wife are moving to Japan, permanently, to live in the house that her mother owns. I have two younger sisters, neither of whom are healthy enough to be the Executor. Two of the three grandkids are still in college, & the third refuses to even talk about wills.

My wife & I own two corporations, so our estate is fairly complex. We have a good estate attorney, who is a fellow Rotarian, but no one to act as our primary Executor, as our son's wife wants nothing to do with anything that might slow down their relocation, when her mother eventually needs help.

So, I'm left with a lovely home in Hawaii that overlooks the Pacific Ocean, but no one who wants to live in it. Do any if you have a similar situation, or at least a good answer?

You have a significant estate to pass on, and it's hard to believe your oldest son has no interest in being the executor of your estate. Even if he's moving to Japan permanently, he can still serve as the executor of your estate---all he has to do is fly back to Hawaii upon your demise to get the estate settled, and then go back to Japan afterward. I don't understand why he has to be living in Hawaii to be your executor. And given that he is likely the primary beneficiary, wouldn't it be in his best interest to make sure that estate is settled properly upon your passing?

I may be reading too much into your post, but the way I see it, the issue is with your family dynamics, and no amount of estate planning is going to fix that (no offense).

But ignoring all that, if I were in your shoes, I would name the son as the executor anyway, assuming that he's going to be your primary beneficiary. I would also name a couple of other individuals (I am sure your fellow Rotarian can recommend other attorneys for this role) as back-up executors in case your son refuses to be the executor upon your demise.
 
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We've tried for 20 years to get MIL out just for a visit, but she has no desire to ever leave Japan, & no one is going to force her.

No, my son doesn't have to live in Hawaii to be our Executor, that's true. But it will probably take at least a year for him to get everything done, & he knows that. Of course we would pay him for his time, but that hasn't seemed to motivate him. My wife is absolutely certain that he won't agree, because he hates to do paperwork. She's been helping him for years with his own paperwork (taxes, etc.), or it would never get done.

I guess we're too old-school to understand why he's not interested in his majority share of our estate, but it may be because his wife used to be a senior VP for NHK, & has a nice stash of retirement income, of her own. They'll also own her mother's large home, but we'll likely never know any of those details.
 
Sounds like you need a professional trust company to act as trustee for your estate when you’re gone or unable to manage. We have Schwab’s Trust company set up to deal with ours. Their fees are more competitive than most and I was impressed speaking with them.
Some charities will act as executor to settle your estate if you leave a portion of your estate to them. My father did this with a local university in California since family was spread out across the country. Obviously these have a cost, but it doesn’t seem your son is that interested anyway.
 
We've tried for 20 years to get MIL out just for a visit, but she has no desire to ever leave Japan, & no one is going to force her.

No, my son doesn't have to live in Hawaii to be our Executor, that's true. But it will probably take at least a year for him to get everything done, & he knows that. Of course we would pay him for his time, but that hasn't seemed to motivate him. My wife is absolutely certain that he won't agree, because he hates to do paperwork. She's been helping him for years with his own paperwork (taxes, etc.), or it would never get done.

I guess we're too old-school to understand why he's not interested in his majority share of our estate, but it may be because his wife used to be a senior VP for NHK, & has a nice stash of retirement income, of her own. They'll also own her mother's large home, but we'll likely never know any of those details.

Sounds like your estate is complicated if it's going to take a year to get things settled. Regardless of who ends up being the executor, you can take steps to simplify your estate---for example, liquidating your rental or winding up you corporations if your heir has no interest in managing them.
 
one of the grandchildren? You still have quite a bit of time I think. So why not see which on is responsible? Doubtful they are going to japan.
 
Both you and your wife appear healthy and savvy enough that you could have a joint trust where both could be grantors and co-trustees. Each of you would also have a pour-over will. Maybe have your son as successor trustee in the unlikely case both of you died at the same time. Such an arrangement could be revisited in a few years as the grandkids grow older. Nice that you have a good estate attorney with whom to discuss the possibilities.
 
I think that most of the big banks have trust departments that can meet your needs. It will cost some but is worth it if your son is not interested and not good with paperwork.
 
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