Page 36 - March April 2017 FTM

PERSPECTIVES
members are also used as decision rules to determine who should receive which types of resources. For example, birth order, current age, gender, marital status, children, or geographical location may be used to guide who is to receive what resources. Family members who adhere to equitable rules might have a hard time understanding those who prefer equal distribution regardless of differentiating factors and circumstances. Increasing insight and understanding of both mindsets could be productive in therapy.
Is the decision process fair?
In addition to determining what
fair outcomes mean for families, identifying fair inheritance processes
is also important. Procedural justice is concerned with the perceived fairness of the processes used when resources are distributed (Tyler, 2000). Research suggests that four criteria are commonly used by family members to judge the fairness of inheritance processes: a) participation, b) information, c) decision structure, and d) ethics (Stum, 1999; Tyler, 2000).
Clinicians are in a position to help family members address these four procedural criteria by identifying, creating, and coming to shared meaning about what matters in fair inheritance processes.
Participation
Determining who is involved with the decision process, and what everyone’s role will be, is a central component in fair inheritance experiences. Family members should consider who has a voice in the process and who has authority over final decisions. Family members should attend to feelings of entitlement and obligation, and be mindful of what inclusiveness means for different generations of family members. The role of in-laws and spouses should be addressed directly, as should the roles of people who may be involved, but not directly related to the family. Divorced and remarried families also have additional considerations when determining who participates and how in inheritance decisions. Therapists should encourage explicit conversations about expectations and feelings regarding who
is “in” and “out” of inheritance decision processes.
Information
Another key determinant of a fair decision process is the role of information. During the inheritance process, family members will be concerned with what information is shared with whom, if it is adequate, and if it is accurate. It is important for a family to identify expectations for transparency and honesty. As miscommunication
is a frequent cause for conflict, being intentional and upfront about how communication will be handled during the inheritance decision process could help families avoid potential conflict.
Decision structure
Decision structure refers to the methods and strategies used for making decisions. Families should be intentional about selecting methods that meet their unique needs and preferences, all within an understanding of state-specific
estate planning and inheritance laws. Perceptions of fair processes can depend upon the timing of inheritance decisions (planning ahead, during a crisis, after death), as well as whether decision processes are kept private within the family, or involve more public processes (probate courts, auctions).
Ethics
A fourth criterion family members have used to judge the fairness of inheritance processes focuses on whether family members feel that they are treated ethically, guided by the shared moral values in their family system. Ethical inheritance decision processes involve treating family members with respect and dignity, building trust, and ensuring neutrality and bias suppression. Therapists are ideally suited to recognize potential relational and ethically-based conflicts and dilemmas challenging the perceived fairness of inheritance decision processes and ultimately preserving family relationships.
Few families escape the complexities of inheritance decisions and the motivation to be fair. Fairness is subjective, and family
members might value or emphasize different rules or criteria when determining what is perceived as fair. Shared understanding, and when possible, shared meaning, are goals for families to strive
for as they set out to create their own
fair inheritance decision processes and outcomes. Having expertise in fairness concepts and theory improves the ability of family therapists to work with clients and families to reach their own meanings surrounding fair inheritance decisions.
Emily M. Jordan, MA, LAMFT, is a Pre-Clinical Fellow of AAMFT and a doctoral student in the Department of Family Social
Science at the University of Minnesota with a specialization in couple and family therapy. She works clinically providing family, couple, group, and individual therapy at a men’s residential chemical dependency clinic.
Marlene S. Stum, PhD, is a professor in the Department of Family Social Science at the University of Minnesota with
expertise in family economics and gerontology, including families and inheritance. She is the lead author of the nationally-recognized research-based program, “Who Gets Grandma’s Yellow Pie Plate?”TM
References
Deutsch, M. (1985). Distributive justice. New Haven: Yale University Press.
Lerner, M.J. & Mikula, G. (Eds). (1994). Entitlement and the affectional bond: Justice in close relationships. New York: Plenum.
Stum, M. S. (2011). Who gets grandma’s yellow pie plate? Workbook: A guide to passing on personal possessions. St. Paul, MN: University of Minnesota Extension.
Stum, M. (1999). “I just want to be fair”: Interpersonal justice in intergenerational transfers of non-titled property. Family Relations, 48, 156-166. doi:10.2307/585079
Tyler, T. R. (2000). Social justice: Outcome and procedure. International Journal of Psychology, 35(2), 117-125. doi:10.1080/002075900399411
34 FAMILY THERAPY MAGAZINE