Wednesday, June 8, 2016

Coffin Fights?

One of my closest relatives is retired from law enforcement.  I am quite proud of him!  He has handled investigations from "routine, run-of-the-mill" murders to real headline-making mass murder.  Now in retirement but as a courtesy to a long-time friend in the funeral home business, he will occasionally get a request to attend funerals -- to break up fist fights among the grieving family.

What . . . "attend funerals to break up fist fights among the grieving family" ??

I know family members can often disagree and not speak for decades . . . but fist fights??

Oh, how the world has changed . . .

sibling rivalry illustration

Certainly, we are a more violent society, and we can debate the reasons.  Maybe, violence has become just another form of entertainment.  But, violence at funerals is still unthinkable!

Some blame goes to my fellow estate planners.  For the sake of families, we must convince our clients that "hope is not a plan."  It is malpractice to let clients merely hope their families will just "work it out."  If possible, the family members should be informed of any property divisions and distributions while the client is still alive and vibrant.  Sometimes, that is not possible.  When it is not, release of that information should be controlled.  It should be made clear that the lawyer or financial advisor will release that information AFTER the funeral.

In addition, provision can be made that, in the sole and non-contestable judgment of the lawyer or advisor, any family member causing violence at the funeral can be dis-inherited on-the-spot.  This would be an unwanted and problematic liability for the lawyer or advisor, but is it really any different than a "no-contest" provision?  Lawyers, you need to start drafting . . .

Fighting at funerals . . . just unthinkable!