Call Us Now
Email Us Now
Multicultural Challenges in Estate Law
The Windy City is known for its rich history and delicious food, and the city’s cultural diversity has played a distinct role in the development of each. Chicago is home to more than 2,700,000 residents, and there are 77 distinct community areas and 100 neighborhoods where Chicagoans of all races, religions, and cultural backgrounds come together. Your family’s history and culture are integral to your traditions and values, and your estate plan should be a further reflection of this. At Nery Richardson & Konewko LLC, our attorneys can help you make a culturally informed estate plan that protects your assets and provides for your family.
Cultural Implications to Consider When Creating Your Estate Plan
Creating an estate plan is how you maintain control over what happens to your assets after you pass, but it’s also a way to communicate with your surviving family members and ensure that your loved ones are taken care of. By taking into consideration your unique cultural influences and traditions, you can create an estate plan that reflects your values and honors your legacy. Below are three main issues to consider when developing an estate plan.
Religious Guidelines
Religious beliefs can be a major part of many cultures, and it’s common for there to be deeply held beliefs about death, how the deceased’s body should be handled, and how assets should be passed on. For example, there are strict Islamic inheritance laws that outline who has the right to an inheritance and how much each heir should get. While your estate plan does have to be created in accordance with Illinois law, it’s just as important that it be in line with the laws of your religion.
In some cases, those of certain religions may also need to add specific documents or sections to their estate plans. Those of the Jewish faith may want to include an ethical will, and Jehovah’s Witnesses can include that they don’t want any blood products in an advance healthcare directive.
It’s important to discuss the role your culture and religious beliefs play in your end-of-life decisions with your attorney to ensure your estate plan addresses all of these factors and is in line with your wishes.
Family Dynamics
Every family has its own unique dynamics, and it’s common for culture to influence this heavily. When someone passes away, the family dynamics often play a large role in what happens in the weeks and months after the death. For example, in some cultures, the oldest son is solely responsible for handling the assets and decisions after the father dies, even if the mother is still alive. Without proper planning, this could be difficult to navigate, as lenders and other business officials may be expecting to speak with the person’s spouse instead.
In some cases, the family dynamics also affect how assets need to be protected to ensure they are passed down in a way that makes sense for the family. For example, if the cultural norm involves communal living with multiple generations or extended family members under one roof, it will be important to craft an estate plan that protects the residence to ensure the family can continue to live there.
Cultural Perspectives on Debt and Money
Different cultures have different perspectives and expectations when it comes to debt and money. Some may expect financial matters to be kept very private, while others believe in pooling resources to ensure that everyone benefits. One culture may put the focus on individual wealth, and another may believe in never going into debt.
Whatever your cultural beliefs about money and debt are, your estate plan can be tailored to ensure that they are respected and integrated into your larger strategy. This may be working with an attorney to minimize estate taxes so that more of your assets can pass to your beneficiaries. Or it may involve arranging for a large donation to charity in your honor.
How to Create a Culture-Informed Estate Plan
Creating a culturally informed estate plan isn’t necessarily an easy task. First, you will need to think about what your estate includes and what you want your legacy to be after you’re gone. Once you have an idea of what your goals are for your estate plan, you can start to think about how your cultural considerations fit in. Think about the roles that the various members of your family play and how you want them to be involved after your death or if you are incapacitated. This can help you make determinations about who should be named the executor of your estate or who you want to serve as your power of attorney.
It’s also important, if at all possible, to discuss your wishes and estate plan with your loved ones ahead of time. This can ensure that they have the chance to ask questions or let you know if they don’t feel comfortable serving in a specific role. The fewer surprises there are after your death, the easier it may be for your loved ones to move forward.
If you’re ready to create an estate plan and want to work with an attorney who can help you ensure that your cultural needs and family values are considered, contact the team at Nery Richardson & Konewko LLC. We understand how important it is for every estate plan we help create to be personalized to the needs and background of the individual, and we’ve helped clients from all backgrounds do just that. Call our office at 773-582-7000 to schedule an appointment to discuss your needs.
