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American Express Employees: Essential Estate Planning for Blended Households

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American Express employees in blended families must take proactive estate planning steps to prevent inheritance disputes, and Tyson Mavar of The Retirement Group, a division of Wealth Enhancement Group, emphasizes that trusts, prenuptial agreements, and clear communication are essential to ensuring assets are distributed according to their wishes.

American Express employees with blended families must take proactive steps to ensure their estate plans reflect their true intentions—without proper planning, unintended disinheritance and legal battles can arise,' says Tyson Mavar, a representative of The Retirement Group, a division of Wealth Enhancement Group. 'By leveraging trusts, clear beneficiary designations, and impartial executors, families can help protect their loved ones and prevent future conflicts.

In this article, we will discuss:

Key estate planning challenges faced by blended families  – Understanding the risks of inequitable inheritance and legal disputes.

Strategies to ensure fair inheritance  – Exploring trusts, wills, and other planning methods to protect all family members.

The role of legal tools such as prenuptial agreements and trusts  – How these documents can help prevent conflicts and ensure financial security.

More and more American Express employees in the United States are now in relationships that include children from previous marriages. This blended family usually gets along quite fine until it comes time to put a will into action. There are, however, some issues that may arise at this point and cause a lot of emotional and financial loss to the family.

For married American Express couples with children, the normal practice in classic estate planning is to have all the assets go to the surviving spouse and then to the children. However, this is a big problem in blended families because the surviving spouse is not usually legally required to disburse stepchildren. This has often led to stepsiblings inheriting the entire inheritance while stepchildren are completely cut off, which has caused a lot of family tension and expensive legal battles.

The main issue can be described as follows: Minneapolis estate attorney Marya Robben from Lathrop GPM points out that “When the tie that binds dies, there is no need to get along.” Before the funeral, in one of her cases, the kids had thrown their stepmother out of the family house and changed the locks. But in other cases, adult children were shocked to discover that their parents had nothing left and that their new partner or husband had inherited everything. Robben notes, “There is no right for adult children to inherit.”

At least one in five opposite-sex couples in the United States who lived together in 2021 had at least one partner who had a child from a previous relationship, according to the U.S. Census Bureau data. Lawyers were able to attest to the fact that will contests are becoming more common among blended families despite the fact that there is no public information available on this issue.

The Importance of Advanced Estate Planning

It is crucial for American Express blended families to plan for the future so as to avoid problems in the future. Inequitable distribution of assets is a problem that cannot be solved without making some rather difficult decisions when there are children from previous marriages and new spouses.

Barbara and James Kurtz, who in 1995 established a joint trust to assist the children to equally inherit the residual assets of the trust at the death of the second parent, is a good example of this complexity. But when Barbara died in 2010, James was able to transfer all the assets to a new trust and name his son as the only beneficiary. The children who were disinherited by Barbara’s children argued that the assets should have been divided as required by the initial joint trust. Last year, the Michigan Court of Appeals ruled that James could not withdraw all the assets from the original trust and Barbara’s children were awarded the shares. The next step will be to establish in the upcoming trial which assets can be linked to the previous joint trust.

Lawyers recommend that more planning can prevent some of these risks. Caroline McKay, a senior wealth strategist at CIBC Private Wealth, explains that people may often feel that their children have not received their inheritance and, therefore, recommend that separate trusts be created outside of the main estate planning for the stepparent if the stepparent is close in age to the children. Another way of ensuring that children get their inheritance is to give them their inheritance while they are still alive or to leave them a certain amount of money or a certain percentage of the estate when you die. Some of American Express couples, however, have their biological children in the main estate plan while creating a separate trust for the new spouse and stepchildren.

The Role of Prenuptial Agreements

A prenuptial agreement is a crucial estate planning device along with wills or trusts for the American Express blended families. Divorced father Tom Normand, an estate planner, and Helen Pickle, a retired teacher, married later in life and signed a prenuptial agreement so that each of them could leave their own children their own property.

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The surviving spouse in Texas is entitled to one half of the community property and not the deceased’s separate property unless otherwise provided for. Most of the states permit the surviving spouse to take a certain portion of the inheritance, it could be one-third or one-half. Pickle wanted to leave her house to her children, so Normand had to give up his homestead exemption.

Some problems that may arise include: spouses are in charge of each other’s funerals and medical decisions and this can be a problem if the children have different ideas. In order to avoid these arguments, Normand, 83, and Pickle, 73, have made their funeral arrangements known. Bishop Rayford High Jr. and his ex-wife, Rev. Ann Normand, both in their 70s, also signed a prenuptial agreement to ensure that their respective children would receive their distinct inheritances.

How to Ensure That Different Inheritances

After remarrying Donald when she was in her 50s, the couple has five children. When the second spouse died, then the estate plan would have continued to the children and the surviving spouse would have taken everything first. But Schultz established a different trust for her biological children because her father wanted his inheritance to be passed on only to his lineage. This way, she was able to ensure that only her children would receive her father’s estate after her death and her husband was okay with it.

Choosing Trustees and Executors

It is very important in American Express blended families to choose the right executor or trustee. Retired estate planner Paul Hood advised that it may be better to appoint an independent person instead of a child or a relative on either side. This minimizes conflict and accusations of bias to some extent.

Selecting guardians was a difficult task for Cleveland couple Heather and Andy Hetchler who married with six children. They did not want to appear to be favoring one side or the other and as their children got older they named Heather’s brother as the successor trustee.

In Summary

It requires a lot of thought and quite often quite complex provisions in order to provide for an equal and conflict-free distribution of assets within the context of estate planning for American Express blended families. Inter-family trusts, prenuptial agreements, and impartial executors can help reduce the chances of inheritance conflicts and preserve family bonds. The idea is to predict such a problem and solve it prior to it occurring so that every member of the family is provided for and treated equally.

Research shows that lack of communication and complex planning make 70% of blended family estate plans fail to achieve the decedent’s intent. Stressed the importance of proactive and open estate planning in the context of a mixed family situation, it is possible to significantly reduce the conflict and make the transfer of assets far smoother by ensuring that everyone has clear, written-down instructions.

Sources:

Cunningham, James L. Jr.   Estate Planning for Blended Families: Pitfalls and Solutions.  CunninghamLegal, 2019.  https://www.cunninghamlegal.com/estate-planning-for-blended-families-pitfalls-and-solutions/ .

Trust & Will.   Tips and Advice on Estate Planning for Blended Families.  Trust & Will, 2019.  https://trustandwill.com/learn/estate-planning-for-blended-families .

RBC Wealth Management.   Estate Planning for Blended Families: Four Tips on Getting It Right.  RBC Wealth Management, 2023.  https://www.rbcwealthmanagement.com/en-ca/insights/estate-planning-for-blended-families-4-tips-on-getting-it-right .

BMO Private Wealth.   5 Estate Planning Challenges for Blended Families (and How to Solve Them).  BMO Private Wealth, 2023.  https://privatewealth-insights.bmo.com/en/insights/estate-trust/5-estate-planning-challenges-for-blended-families-and-how-to-solve-them/ .

Engel, Anthony L.   Estate Planning for Blended Families.  Bessemer Trust, 2023.  https://www.bessemertrust.com/insights/a-closer-look/estate-planning-for-blended-families .

How does American Express ensure the adequacy of retiree medical coverage options for employees, especially in aligning with the current healthcare needs specific to its retirees? What factors does American Express consider when determining if changes to the retiree medical plan are necessary, particularly concerning federal and state regulations?

Comparison of American Airlines' 401(k) Plan to Others in the Airline Industry: American Airlines' Super Saver 401(k) plan typically includes employer matching contributions and a variety of investment options, which is common across major airlines. However, the specific matching percentages and investment fund choices may vary, so it's important for employees to compare these details to other airlines to determine where they can maximize their benefits.

In what circumstances can employees of American Express change or cancel their retiree medical coverage? What procedures does American Express recommend to ensure that changes in status or eligibility do not result in gaps in health insurance coverage?

Historical Changes After Bankruptcy: Employees should note that after American Airlines’ Chapter 11 bankruptcy filing, there may have been changes to retirement plans, such as revised matching contribution rates or plan restructuring. Current employees need to understand how these changes affect their retirement savings and future benefits.

As American Express continues to evolve its healthcare offerings, how does the company assess employee satisfaction regarding retiree medical plan options? What mechanisms does American Express use to gather feedback from retirees about their medical plans, and how does this feedback inform future plan design?

Financial Planning Resources: American Airlines probably offers resources like financial counseling, retirement calculators, and online planning tools to help employees assess their retirement readiness. Employees can access these resources through HR or their benefits portal to make informed decisions about their future.

What should American Express retirees know about their rights under ERISA concerning their retiree medical benefits? How does American Express communicate these rights to its employees to ensure awareness and understanding during the transition to retirement?

Maximizing Contributions: Employees should ensure they contribute the maximum allowable by the IRS, currently $22,500 per year (2024 limit), or $30,000 if age 50 or older, to maximize their tax benefits and company match. Understanding the annual contribution limits helps employees avoid over-contributing while still taking full advantage of their plan.

How can employees of American Express contact the company for more information regarding their retiree medical plan options? What specific resources or contact points does American Express offer for retirees seeking detailed guidance on medical benefits?

Contacting HR or Benefits Administration: Employees can typically contact American Airlines’ HR or benefits administration through a dedicated helpline or online portal to inquire about the Super Saver 401(k) plan or other retirement-related concerns. Timely communication ensures employees receive the assistance needed for a smooth retirement process.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
American Express offers a Defined Benefit Pension Plan and a 401(k) plan with company match. The pension plan provides a monthly retirement benefit based on years of service and salary. The 401(k) plan includes various investment options and financial planning resources.
American Express announced a restructuring plan in 2024 involving significant layoffs and changes to employee benefits. The company aims to streamline operations and cut costs in response to economic pressures. The restructuring includes adjustments to pension and 401(k) plans, focusing on reducing long-term liabilities.
American Express provides RSUs to its executives and key employees. RSUs typically vest over a three to four-year period, promoting long-term goals and company loyalty.
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For more information you can reach the plan administrator for American Express at 200 Vesey Street New York, NY 10285; or by calling them at (212) 640-2000.

*Please see disclaimer for more information

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