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Philip Morris International Employees: Essential Estate Planning for Blended Households

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Philip Morris International 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.

Philip Morris International 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 Philip Morris International 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 Philip Morris International 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 Philip Morris International 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 Philip Morris International 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 Philip Morris International 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 Philip Morris International 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 Philip Morris International 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 the investment strategy outlined by the Philip Morris Group Pension Plan aim to ensure that sufficient assets are available to pay members’ benefits as they fall due? What specific return objectives has the Trustee established that reflect the financial goals of the Philip Morris Group Pension Plan?

Investment Strategy and Return Objectives: The primary objective of the Trustee's investment strategy is to ensure sufficient assets are available to pay members’ benefits as they fall due. The return objective set by the Trustee is to achieve a return above that achievable on index-linked gilts. The Trustee is mindful that growth can come from both investment performance and company contributions​(Philip_Morris_Group_Pen…).

In what ways does the Philip Morris Group Pension Plan address the risks associated with inadequate long-term returns, and how has the Trustee structured the investment portfolio to mitigate potential stock market underperformance relative to inflation?

Addressing Risks and Portfolio Structure: The Philip Morris Group Pension Plan mitigates risks associated with inadequate long-term returns by investing around 20% of its portfolio in equities expected to outperform gilts. Approximately 50% of the portfolio is in index-linked gilts to provide protection from inflation​(Philip_Morris_Group_Pen…).

What considerations does the Trustee of the Philip Morris Group Pension Plan have for environmental, social, and governance (ESG) factors in their investment strategy, and how do these considerations impact the overall financial performance of the Plan?

ESG Considerations: The Trustee acknowledges that environmental, social, and governance (ESG) factors are sources of risk, potentially impacting financial performance. Although the Plan's primary investment manager tracks market indexes without specific ESG constraints, the Trustee expects them to account for financially material considerations when engaging with investee companies​(Philip_Morris_Group_Pen…).

How does the Philip Morris Group Pension Plan incorporate diversification within its investment strategy to protect against extreme stock market fluctuations, and what specific controls have been implemented by the Trustee to maintain an appropriate balance among asset classes?

Diversification Strategy and Controls: The Trustee implements diversification to protect against stock market fluctuations by investing in a variety of global asset classes and bonds. A mix of UK and overseas equities, along with government bonds, ensures appropriate balance and protection from extreme market volatility​(Philip_Morris_Group_Pen…).

What procedures are in place for the Trustee of the Philip Morris Group Pension Plan to review and potentially revise the investment strategy based on performance assessments, market conditions, and changes in the economic environment?

Review and Revision of Strategy: The Trustee reviews the investment strategy periodically, especially following significant changes in investment policy or economic conditions. These reviews involve performance assessments and market evaluations in consultation with advisers​(Philip_Morris_Group_Pen…).

How can members of the Philip Morris Group Pension Plan keep informed about any significant developments in investment strategy that may affect their benefits, and what communication methods does the Trustee employ to ensure transparency?

Member Communication and Transparency: Members are informed about significant developments in the Plan’s investment strategy through direct communications from the Trustee. Members can request a copy of the Statement of Investment Principles for further details​(Philip_Morris_Group_Pen…).

What is the role of the investment manager, State Street Global Advisors, in the governance and performance of the Philip Morris Group Pension Plan's assets, and how does the Trustee evaluate the success of this partnership?

Role of State Street Global Advisors: State Street Global Advisors is responsible for the day-to-day management of the Plan’s assets. The Trustee evaluates the performance of State Street Global Advisors annually and ensures that their investment approach aligns with the Plan’s objectives​(Philip_Morris_Group_Pen…).

How does the Philip Morris Group Pension Plan handle the issue of Additional Voluntary Contributions (AVCs), especially considering the decision to no longer allow active members to make these contributions since April 2006?

Additional Voluntary Contributions (AVCs): Active members have been unable to make Additional Voluntary Contributions to the Plan since April 2006. The Plan offers various options for members with existing AVCs, including investments in passive funds and with-profits funds​(Philip_Morris_Group_Pen…).

What specific risks, aside from investment risks, does the Trustee of the Philip Morris Group Pension Plan need to prepare for, such as mortality or sponsor risks, and how do these factors influence the overall funding strategy of the Plan?

Other Risks (Mortality, Sponsor, etc.): The Trustee prepares for non-investment risks like mortality risk and sponsor risk, which can affect the Plan’s funding strategy. These risks are considered alongside investment risks to manage overall funding risk​(Philip_Morris_Group_Pen…).

For employees seeking more information regarding the content of the Philip Morris Group Pension Plan documents, what are the best channels to contact the company, and who specifically should they reach out to within human resources or benefits administration?

Contact for More Information: Employees seeking more information about the Philip Morris Group Pension Plan should contact the Plan administrators, Lane Clark & Peacock LLP, or reach out to human resources or benefits administration for assistance​(Philip_Morris_Group_Pen…).

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
Philip Morris International provides RSUs and stock options to eligible employees.
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