Death insurance, or happy sibling trust?
By ISSAMAR GINZBERG
09/10/2012 21:50
Don’t let your family, assets and business get caught up in a legal mess. Take care of it today; please, write a will.
Money Photo: Thinkstock
If you’re thinking that business and family life are essentially separate, this
may surprise you. They’re not. I want to broach a subject that is not about
business, but it could severely impact all you have worked, or are working, to
build.
Please, write a will.
I’m 32 years old, and I have a will.
Not because I have a large estate, or anything complicated – but just because I
have advised enough people to know how traumatic not having a will can
be. While I’m no lawyer, I’ve worked with parents who wanted advice on
how to ensure fair distribution of assets when the time comes, and I’ve also
advised newly bereaved children from the finest families who suddenly find a
wedge driven between them simply because a parent passed away. When money and
assets were involved, too many things got in the way of the siblings being
friends – something that could have been avoided if there had been a
will.
If you have a business, it must be run long after you’re
gone. Don’t your clients and customers deserve to have that consideration
and a competent replacement? They won’t get that if you don’t put all those
directives into a will. If you can’t do it for yourself or your family, do it
for your customers. If your family depends on the income you make with your
business, then you definitely need to protect them now. You can’t do it after
you’re gone unless you’ve left instructions in a will.
Some of my clients
are attorneys or other business professionals who have regaled me enough with
stories about the repercussions of not having a will can have that I feel I must
share this one critical piece of advice.
There’s enough drama,
personality clashes, issues and even fights that happen with the most detailed
of wills and agreements. Not having a will? I hate to think of what could
happen. But there surely isn’t a reason not to write one, especially when
it can eliminate at least some of those concerns.
People don’t write
wills for one or more reasons: They think writing one is “tempting fate.” They
don’t want to think about death and dying and “getting their affairs in order.
Or they think they will never die, at least not any time soon. They all assume
“there is plenty of time.” There’s not. None of us is guaranteed
tomorrow.
In fact, I recently came across a halachic decision that
“someone who does not write a will violates the Torah prohibition: “Do not place
a stumbling block before a blind person.”
Money talks, and being ethical
in business is a lifelong challenge for all of us. But when someone loses a
loved one and is thrown into a position of dealing with assets that are highly
valuable and tempting to those around the loved one, it makes no sense to place
those you’ve left behind in such a situation – especially because you love them
so much.
I know this is not pleasant to think about (even more so in many
ways than a prenuptial agreement). Who wants to think depressing thoughts during
happy times? But get it done. You’ll feel a sense of relief afterward, even if
you didn’t consider this a burden to confront.
My will is quite short and
simple. It merely says that my children each get an equal split of my assets,
and that my wife is in charge of determining all that. It was kind of weird to
write a will at my age. The witnesses were smirking. So what? It lays a certain
feeling inside to rest, and it enables me to be able to focus on business and my
clients.
Dealing with people who are getting married is usually
fun. With everyone thinking about happy times and celebration, it’s a
pleasant time to be doing business with folks. On the other hand, as monument
makers will attest, dealing with people during a mournful period is challenging.
In fact, people who work in a morbid environment often reflect their work
environment even when not at work – walking around with a glum face and
mirroring what they see all day.
There’s a reason that “death insurance”
is euphemistically called “life insurance.” Instead of calling the above “write
a will,” how about if we call it “happy sibling trust.” Now take care of
it.
Don’t let your family, assets and business get caught up in a legal
mess. Take care of it today. Then clip and share this article with your parents,
friends and neighbors. As an adviser, rabbi and human being who has seen so much
of the sadness and pain in what goes on in other people’s lives, I beg you: get
one done.
Issamar Ginzberg is a business adviser,
marketer, professional speaker and rabbi who has been published in more than 50
business publications. He can be reached at issamar@issamar.com.