From our “Ask a Question” mailbag: Who will get my Phillies baseball tickets at my death? I have season tickets and I go to most games. So, if I died during the season, I would have all the remaining tickets for that season. But, who would be able to buy the seats the following year? My will does not specifically say who gets the tickets. All my assets are divided between my two children, but they do not get along and they both would like the tickets. (But only one can really afford to pay for them each year.)
If your will says that all assets are divided equally between your children, then your remaining Phillies seasons Tickets would be part of that calculation. Your kids could split them equally, or one child could take them and the other some other asset of equal value. As to the following season, you would normally receive an invoice by mail or email asking for you to make payment or risk losing your seats.
I contacted the Phillies, who informed me that if the family of a season ticket holder contacts them about a death, they normally work with the family to give them a chance to pay the invoice and move the seats into the new person’s name. They suggested it would be helpful if you let your Phillies’ representative know your wishes, and add your child’s contact information into your record.
In your case, if your children will fight over the seats, the normal nice way the Phillies address this matter may not work. You could state in your will that you want one child or the other to have the ability to buy the seats after your death, but that is likely not a legally enforceable clause, so you would be relying on the other child to respect your wishes. I could draft a clause in the Will saying that if the other child disputes your wish, they receive less money but if they do respect your wishes they get something (the bobblehead collection?)— it’s a version of the “stick” and the “carrot.”
You could also have the bill for the tickets placed into one child’s name now, then arrange to pay the bill and use the tickets. Then, at your death, the bill and the ability to pay for the tickets is already in that child’s name.
The best option is for us to meet so I can review your existing will and we brainstorm options to find what solution best fits your wishes and your family dynamic. Our goal would be finding a way to resolve the issue without causing unnecessary conflict between your children.
If you have any other questions about probate or estate planning matters, feel free to contact our office for a free consultation.