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    Wednesday’s big stock stories: What’s likely to move the market in the next trading session

    A trader works on the trading floor at The New York Stock Exchange (NYSE) following the Federal Reserve rate announcement, in New York City, U.S., September 18, 2024. 
    Andrew Kelly | Reuters

    Stocks @ Night is a daily newsletter delivered after hours, giving you a first look at tomorrow and last look at today. Sign up for free to receive it directly in your inbox.
    Here’s what CNBC TV’s producers were watching as the Dow and S&P 500 posted fresh records Tuesday, and what’s on the radar for the next session.

    The staples

    CNBC TV’s Dominic Chu reports on consumer staples in Wednesday’s edition of “Sectornomics.”
    Consumer staples are right in the middle, ranked in sixth place among the 11 S&P sectors. In 2024, it’s up about 16%.
    Walmart is the top performing stock in the sector, up 53% this year.
    Kellanova ranks second, up 44% in 2024.
    Costco is third, up 36.6% year to date.
    At the bottom: Walgreens, Dollar Tree and Lamb Weston. Each of those names have been hit pretty hard this year. Lamb Weston is down 40% in 2024, while Dollar Tree is off about 50%. Walgreens is down 67% year to date.

    Stock chart icon

    Lamb Weston’s performance in 2024

    China

    Copper

    It is up 12.5% in the last six weeks.
    Copper’s movements sometimes follow China as that country is generally seen as a big buyer of the commodity.
    Newmont is now at a 27-month high after jumping 2.5% Tuesday. It is up 31% in three months.

    Stock chart icon

    Newmont shares performance over the past three months

    Micron earnings are due after the bell

    CNBC TV’s Seema Mody is covering the company Wednesday.
    Micron Technology is down 32% in the past three months.
    The stock is 40% from the June 18 high.
    However, shares are up 36.5% in the last year. More

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    Meet the Latin American e-commerce platform that’s outperforming Amazon this year

    MercadoLibre, the Argentinian e-commerce and payments company, is up 34% for the year, compared to a roughly 27% rise for Amazon.
    It was founded in 1999 by its current CEO Marcos Galperin and dominates online sales in Brazil, Argentina, Mexico, Chile and other Latin American countries.
    “When you look at the penetration of e-commerce in Latin America, it’s still quite low compared to the U.S., Europe or Asia,” says Galperin. “It’s an enormous opportunity.”

    One of the world’s largest e-commerce companies is emerging as a top pick on Wall Street as investors look for tech opportunities beyond the Magnificent Seven.
    MercadoLibre, an Argentinian e-commerce and payments platform that’s incorporated in Delaware and actively traded on Nasdaq, is up 34% in 2024, compared to a roughly 27% rise for Amazon, and 20% for the S&P 500. The company was founded 25 years ago by CEO Marcos Gaplerin at the height of the dot com boom. It now dominates online sales in Brazil, Argentina, Mexico, Chile and makes up roughly half of online sales in South America, according to eMarketer. It also operates a digital payments platform called Mercado Pago.

    Roughly 90% of Wall Street analysts who cover the stock rate it a “buy,” with an average price target of $2,268 — about 8% upside from where it was trading this week, according to FactSet. There are no sell ratings.
    Brad Gerstner of Altimeter Capital is one such bull. He highlighted expanding profit margins and MercadoLibre’s AI potential as reasons he’s “excited” by the stock.
    “You look at companies like MercadoLibre … a lot of companies that people have kind of forgotten about as [investors] moved in to the Magnificent Seven — I think there are going to be a lot of internet companies that are benefited by AI,” Gerstner told CNBC’s Scott Wapner at the Goldman Sachs Communicopia conference this month. “It’s not only margin expansion, but reacceleration at the top, where they can acquire customers, improve products in a way that make it easier for customers to buy, and take friction out of the system.”
    Silicon Valley to Buenos Aires
    Galperin came up for the idea of MercadoLibre while he was a student at Stanford Graduate School of Business in Palo Alto, California. He started to look for seed funding at a time when few investors were committing capital outside California.
    “There was no venture capital for Latin America. Actually, there was little venture capital for anything outside of Silicon Valley. Even if you were an entrepreneur based in New York, the investors were all on Sand Hill Road,” Galperin told CNBC, referring to the Wall Street of the West Coast. “I don’t think they really cared about exploring other parts of the world.”

    That investor mindset has changed. Last year, venture-backed companies in Latin America raised $3.3 billion across nearly 1,000 deals, according to PitchBook. At the peak in 2021, the region brought in $16.3 billion.

    But back in the late 1990s, Galperin pitched a private equity investor who happened to be lecturing at Stanford, and framed the lack of infrastructure and competition in Latin America as an opportunity.
    “In Latin America, there was no existing infrastructure. You couldn’t do online payments. There was no efficient logistics for peer-to-peer commerce, we had to build that all ourselves,” Galperin said. “That made it harder at the beginning — but for us today, it’s great.”
    While MercaroLibre is sometimes referred to as the “Amazon of South America,” Galperin built the company at a time when eBay dominated online commerce. Amazon, at the time, was still more of an online book store. In fact, MercadoLibre partnered with eBay, which bought 20% of the company in 2001, and sold the stake in 2016.
    “We learned a lot from that relationship, and then eventually we started pivoting away from auctions,” Galperin said. “Today, I think we are much closer to what Amazon is.”
    Amazon is starting to see opportunity in South America, too. The dominant North American e-commerce platform has expanded into Mexico. “We’ve been competing since we started — it’s something that will continue for many years,” Galperin said.
    Competitive tailwinds
    He pointed to tailwinds that may help MercadoLibre withstand competition. E-commerce and online payments are steadily growing, and Latin America has a young, mobile-savvy population of more than 600 million people. MercadoLibre grew revenue 42% in the second quarter, and 112% on a currency-neutral basis. Its operating profit margin expanded to 14.3%.
    “When you look at the penetration of e-commerce in Latin America, it’s still quite low compared to the U.S., Europe or Asia,” Galperin told CNBC. “Roughly half of the population is unbanked or underbanked. It’s an enormous opportunity for us to distribute financial products to all these people that historically have been excluded.” More

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    The tax extension deadline is Oct. 15. Here’s what to do if you still can’t pay your balance

    The tax extension deadline is Oct. 15, but you have options if you still can’t pay your balance, experts say.
    You can apply for an IRS payment plan, or “installment agreement,” to pay your taxes owed over time.
    You will still incur interest and late-payment penalties, but an installment agreement could reduce the failure-to-pay penalty.

    Woman at home looking at the bills and taxes. 
    Hirurg | E+ | Getty Images

    The tax extension deadline is Oct. 15, but you have options if you still can’t pay your balance, experts say.
    This year, the federal tax deadline was April 15. Those struggling to meet that due date could submit Form 4868 for a six-month extension to file.

    But while the tax extension provided more time to file, 2023 taxes were due April 15. In the meantime, unpaid taxes continue to accrue IRS penalties and interest.     
    “That’s a surprise to a lot of people,” said Josh Youngblood, an enrolled agent and owner of The Youngblood Group, a Dallas-based tax firm. 
    More from Personal Finance:Take a look inside a $1.1 million ‘zero emissions’ homeHere’s when you can’t refinance a mortgage to capitalize on lower ratesAfter Fed rate cut, it’s a great time to shop around for best returns on cash
    If you missed the tax deadline, the late payment penalty is 0.5% of your unpaid balance per month or partial month, capped at 25%. You will also incur interest on unpaid taxes.
    By comparison, the failure-to-file penalty is 5% of unpaid taxes per month or partial month, up to 25%.

    However, some taxpayers in disaster areas receive both an automatic extension to file and more time to pay.

    File your return even if you can’t pay

    The IRS has options if you can’t pay your taxes, “but you have to be current on your filing requirement,” said Tom O’Saben, an enrolled agent and director of tax content and government relations at the National Association of Tax Professionals.
    After filing, there are “various payment options” online, and many filers will receive an immediate acceptance or rejection of payment plan requests without calling, according to the IRS.
    “If you owe less than $50,000, establishing a payment plan with the IRS is almost going to be automatic,” O’Saben said.

    IRS online payment plans, or “installment agreements,” include:

    Short-term payment plan: This may be an option if you owe less than $100,000, including tax, penalties and interest. You have up to 180 days to pay in full.

    Long-term payment plan: This may be available if your balance is less than $50,000, including tax, penalties and interest. You must pay monthly, and you have up to 72 months to pay off the balance.

    Although the late-payment penalty and interest will continue to accrue, an IRS payment plan could cut your late-payment fee in half while the agreement is in effect, according to the IRS.
    One downside of IRS payment plans is future tax refunds could be used to offset your unpaid balance, O’Saben said.

    ‘Don’t ignore it’

    If you have unpaid taxes, you can expect notices from the IRS, and communication with the agency is key, experts say.
    “Don’t ignore it because it won’t go away,” Youngblood said. “I’ve had clients come in, and they have a whole pile of unopened IRS letters.” 
    “The IRS is not as bad as they think,” he added. “They actually want to work with people.”

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    ‘Childless cat lady’ is a more common lifestyle choice. Here’s what being child-free means for your money

    Nearly a quarter of millennials and Gen Zers without children do not plan to become parents, according to a recent report.
    Being a SINK (single income, no kids), DINK (dual income, no kids) or DINKY (dual income, no kids yet) also comes with certain financial considerations that differ from the standard financial plan.

    In this photo illustration a man looks at the post by Taylor Swift endorsing Democratic Presidential candidate Kamala Harris on the online social media and social networking site Instagram displayed on a smart phone on September 12, 2024 in Bath, England. 
    Matt Cardy | Getty Images News | Getty Images

    The stigma of the “childless cat lady” persists, but these days, more young adults are embracing that label and opting out of parenthood — and benefitting, at least monetarily.
    Nearly a quarter, or 23%, of millennials and Generation Zers without children do not plan on having children, primarily due to financial reasons, according to a recent consumer spending and saving index by MassMutual.

    A preference for financial freedom and the inability to afford children are equally cited by 43% of younger generations, MassMutual found. The survey polled 1,000 adults in July.
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    To be sure, money is a major reason some young adults are choosing not to have kids.
    But also, over decades, attitudes about marriage and parenthood have changed.
    Since the 1970s, the overall share of married adults has declined and fewer couples are having children, according to a 2023 report from Pew Research Center. Last year, the U.S. fertility rate reached a historic low.

    Now, adults without children, both married and unmarried, are better off than than their peers with kids, in terms of median wealth and retirement savings, a separate Pew Research Center study found in May.
    The majority of adults without children said not having kids has made it easier for them to afford the things they want and be successful in their job or career, Pew also found.
    Although there is a financial benefit, “it’s not like you are child-free and checks fall out of the sky,” said Jay Zigmont, author of “The Childfree Guide to Life and Money.”

    Financial considerations for SINKs and DINKs

    In many cases, being a SINK (single income, no kids), DINK (dual income, no kids) or DINKY (dual income, no kids yet) does come with certain financial planning considerations that differ from the standard strategy.
    “Nearly all financial planning assumes you do or will have kids,” said Zigmont, who is a certified financial planner and founder of planning firm Childfree Wealth. But child-free couples often have different goals when it comes to building up a cash cushion, estate planning and long-term care.
    For example, “most child-free folks don’t make passing money down to the next generation a priority,” said Zigmont, who plans to leave his own nephews only a modest inheritance — “if they get $1 million, I’ve made a mistake.”

    Often Zigmont advises clients to spend down their savings, rather than build it up, which could open the door to pursuing a passion project or continuing education later in life.
    And while technically not part of the “sandwich generation,” child-free adults may also bear the brunt of caregiving responsibilities for aging parents or relatives, making it even more important to take into account long-term care for their parents and themselves, “which is stupidly expensive,” Zigmont said. “That’s half a million dollars you need a plan for.”
    Then, consider “how much money do I have to spend to bring down my net worth,” he said. “It’s backwards from the way we are trained.”

    Parenthood is now an election issue

    Decisions around parenthood are not just about personal finance, said Brett House, economics professor at Columbia Business School.
    Since having, or not having, children also impacts employment, wages and wealth, it is “really an economic growth and productivity issue as well,” House said — and that affects all Americans, making it “one of the most important issues for policy makers and for businesses,” House said.
    Heading into a U.S. presidential election, parenthood has already become a point of contention on the campaign trail after Ohio Sen. JD Vance, the running mate of former President Donald Trump, accused key Democrats — including Vice President Kamala Harris — of being miserable “childless cat ladies.”
    In July, Vance said on The Megyn Kelly Show on SiriusXM that his remarks were “not about criticizing people who for various reasons don’t have kids,” but rather “criticizing the Democratic party for becoming anti-family and anti-child.”
    When Taylor Swift announced her endorsement of Harris in an Instagram post that featured a photo of herself with a cat, she signed the post with her full name and “Childless Cat Lady.”
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    Only 33% of millionaires consider themselves wealthy, report finds. Why it’s so hard to feel rich

    Despite a wealth boom, few Americans — even millionaires — feel confident about their financial standing.
    In many cases, credit card debt is standing in the way of building wealth.
    “High interest rate credit card debt, more than other sorts of debt, is a savings killer, because when you have it, you have to feed the beast. You can’t save, you can’t invest,” said Jean Chatzky, CEO of HerMoney.com.

    The U.S. has experienced an unprecedented wealth boom. Yet, few Americans — including millionaires— feel confident about their financial standing.
    Only 12% of Americans consider themselves wealthy, according to a new report by Edelman Financial Engines.

    Despite their high net worth, just 33% of millionaires said the same, the report found. Edelman Financial Engines polled more than 3,000 adults over age 30 from June 12 to July 3, including 1,500 affluent Americans with household assets between $500,000 and $3 million.
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    To be sure, the rich are getting richer. The total net worth of the top 1%, defined as those with wealth over $11 million, increased by nearly $2 trillion to hit a record $46.2 trillion in the first quarter of 2024, according to data from the Federal Reserve, largely boosted by gains from their stock holdings.
    But beginning in 2020 with the Covid-19 pandemic run-up in housing prices, wealth creation has been largely concentrated among homeowners, the Fed’s survey of consumer finances also shows.
    “Homeownership doesn’t feel like wealth,” said Jean Chatzky, personal finance expert and CEO of HerMoney.com, who worked with Edelman Financial Engines on the report. “Homes are an asset that we use every day, it’s not like the balance in your retirement account or your savings account.”

    At the same time, a prolonged period of high inflation also made practically everything more expensive and left less breathing room in household budgets.

    Higher prices put households under pressure

    The consumer price index, a key inflation measure that tracks average prices across a broad basket of consumer goods and services, increased 2.5% in August relative to a year earlier, according to the Bureau of Labor Statistics. That’s down from a pandemic-era peak of 9.1% in June 2022.
    Even though inflation is now cooling, in most cases price increases are only slowing — not falling outright. To help make ends meet, data indicates, more people are relying on credit cards to cover day-to-day expenses.

    Credit card debt is the biggest threat to building wealth

    Americans now owe a record $1.14 trillion on their credit cards, and the average balance per consumer stands at $6,329, up 4.8% year over year, according to the New York Fed and TransUnion, respectively.

    More borrowers are carrying debt from month to month, and a growing number are falling behind on their monthly credit card payments. Over the last year, roughly 9.1% of credit card balances transitioned into delinquency, the New York Fed reported for the second quarter of 2024.
    Nearly half, 44%, of Americans said credit card debt is the biggest threat to their ability to build wealth, according to Edelman Financial Engines.
    “Debt is, and has always been, a savings killer,” Chatzky said. “High interest rate credit card debt, more than other sorts of debt, is a savings killer, because when you have it, you have to feed the beast. You can’t save, you can’t invest.”
    “That stands in the way of people building actual wealth and therefore feeling wealthier,” she said.

    How much money it would take to feel wealthy

    Most people — roughly 65% of those polled — said they would need $1 million in the bank to consider themselves wealthy, although 28% said it would take at least $2 million and 19% put the bar at $5 million or more, Edelman Financial Engines found. Among millionaires, 68% said they would need at least $3 million and 40% said feeling wealthy would require $5 million of more.
    When it comes to their salary, 58% of those surveyed said they would need to earn $100,000 on average to not worry about everyday living expenses, and a quarter said they would need to earn more than $200,000 to feel financially secure.
    In most cases, feeling financially secure is not based on how much you earn, but rather a commitment to save more than you spend, maintain a well-diversified portfolio and work with a financial advisor, experts often say.

    “Feeling wealthy can also be connected back to not having to worry about money,” said Isabel Barrow, the director of financial planning at Edelman Financial Engines. “It’s living within your means and not getting over your head in debt.”
    Just one-third, or 32%, of millionaires consider themselves wealthy and nearly half, 48%, believe that their financial plans need improvement, a separate planning and progress study by Northwestern Mutual found. Northwestern Mutual polled more than 4,500 adults in January.
    “For most Americans, ‘feeling like a million bucks’ is less about believing you’re rich and more about exuding confidence and clarity about the future,” said John Roberts, chief field officer at Northwestern Mutual.
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    You can’t always refinance a mortgage to capitalize on lower rates: Here’s when a lender may say ‘no’

    About 18% of consumers said they planned to refinance a loan once interest rates go down, according to a report by NerdWallet.
    But experts say applying for a refi doesn’t mean you’ll get approved. Your lender may say “no.”
    In some instances, a mortgage modification might be a workaround.

    The Federal Reserve slashed interest rates by a half percentage point, or 50 basis points, on Wednesday, its first rate cut since March 2020.
    Even before the Fed rate reduction, some homeowners had already taken advantage of recent declines in mortgage rates. Refinance activity increased to 46.7% of total applications during the week ended Sept. 6, up from 46.4% the week before, according to the Mortgage Bankers Association.

    Others have been waiting for the Fed to take action. To that point, 18% of consumers said they planned to refinance a loan once rates go down, according to a report by NerdWallet. The financial services site polled more than 2,000 U.S. adults in July. 
    But it might be too soon to benefit from refinancing a mortgage.
    “You want to wait for rates to be at a place where you’re happy to keep that rate for a period of time,” said Melissa Cohn, regional vice president of William Raveis Mortgage in New York.
    Plus, experts say applying for a refi doesn’t mean you’ll get approved. Your lender may say “no.”
    “Regardless of what the Fed is doing, regardless of what’s happening in the broader economy, remember that you have a part to play in all of this, too,” said Jacob Channel, senior economist at LendingTree.

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    Factors that could limit your ability to refinance

    1. Your financial standing has changed
    Make sure your finances are in order. Otherwise, your lender might not approve your mortgage refinance, experts say.
    Applying to refinance is similar to applying for a mortgage. A change in your financial situation, like a layoff or lower income, or higher debt, could mean you don’t qualify.
    “Your mortgage rate and whether or not you get approved for a loan or refinance … depends on you,” said Channel.
    Think about all of the “variables that got you approved in the first place,” said Cohn, such as your credit score, your income and how much debt you’ve taken on recently. A change in those variables could affect your ability to be approved.
    2. You haven’t had your loan long enough
    How soon you can refinance your mortgage will depend on your loan time and lender’s requirements.
    You can refinance within days of closing with some types of loans, while others may require a year’s worth of payments, according to LendingTree.
    3. You refinanced recently 
    Technically, there are no hard limits on how many times you can refinance your mortgage, Channel said. 
    But some lenders will have waiting periods, he said. In those scenarios, if you refinance today, you might not be able to do so again in December if rates move lower after the Fed’s last meeting of the year. 
    “While there’s maybe not a hard limit on how many times you can refinance, you probably don’t really want to be doing it that often,” he said.

    You’re paying closing costs each time you refinance, “so you don’t want to spend money unwisely,” Cohn said.
    It may be in your best interest to only consider a mortgage refinance every few years, if your financial situation has changed or if rates are falling “really dramatically,” Channel explained.
    “Otherwise, you put yourself in a situation where you’ve spent so much money refinancing that your monthly savings don’t really account for much,” he said.

    ‘It may be worth talking about a mortgage modification’

    In some instances, a mortgage modification, or changes to your original home loan to make your payments more manageable, might be an option.
    “If you’re really, really struggling, and say something catastrophic has happened in your life … instead of a refinance, it may be worth talking about a mortgage modification with your lender,” said Channel.
    To be sure, the broader housing market is not at a risk of a collapse and most homeowners are “not teetering on the edge of foreclosure,” he said.
    But if you are experiencing financial hardship, your lender may be willing to modify the terms of your mortgage, said Channel. Reach out to your lender and see if you qualify.
    Remember that whether a mortgage refinance makes sense will depend on factors like your income, how long you anticipate staying in your home and your closing costs, said Cohn.
    “There’s no single rule of thumb that applies to everyone in the country,” she said.
    Talk with your lender or broker, or reach out to a financial advisor to determine what may work best for you, said Channel. 
    “They’ll be able to walk you through the specifics of your situation,” he said.

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    How to find great returns on cash after the Fed cut: Rates won’t ‘go from awesome to awful overnight,’ expert says

    Experts have said 2024 promised to be a “very good year for cash savers.”
    That still holds true, even after the Federal Reserve’s new 50 basis point rate cut.
    Here’s what to know to find the best returns on your cash now.

    Jgi/jamie Grill | Tetra Images | Getty Images

    In January, experts said 2024 would be a “very good year for savers.”
    And it still is, despite the Federal Reserve’s recent 50 basis point rate cut, which will push record returns on cash lower.

    “Those rates aren’t going to go from awesome to awful overnight,” said Matt Schulz, chief credit analyst at LendingTree. “There’s no need to panic if you haven’t moved your money into a high-yield savings account yet or you haven’t locked in a CD rate.”
    More from Personal Finance:Here’s what the Fed rate cut means for your walletDon’t expect ‘immediate relief’ from the Fed’s first rate cutExperts weigh in on when to refinance as interest rates fall
    While savers may have missed the interest rate peak, there is still value in setting money aside and finding the best place to put your cash savings now.
    “The biggest mistake that people can make … is the failure to save,” said Mark Hamrick, senior economic analyst at Bankrate.
    “The urgency of saving is not made any less in an environment where rates are coming down,” he added. “It’s just that the math changes.”

    Some savings accounts still offer 5% yields

    The Fed’s rate cut hasn’t yet shown up in the form of lower returns at many banks and accounts.
    Returns on savings accounts — as measured by average annual percentage yields, or APYs — are almost seven times higher than they were before the Federal Reserve started hiking interest rates, according to Bankrate.
    “A good number of financial institutions are going to need to keep their yields at levels that are sufficient to attract deposits,” Hamrick said.
    The best rates on savings accounts can be found online. As of Sept. 18, high-yield online banks are offering a 5.1% average yield, according to Bankrate.
    Savers who access those rates are still beating inflation.

    Government data shows the 12-month inflation rate has cooled to 2.5% as of August, according to the consumer price index.
    Yet, savers who do not shop around run the risk of falling behind price growth, with the average yield on traditional savings accounts at just 0.5%, according to Hamrick.
    “It’s still going to be as important as ever for people to prioritize their savings, to shop around for the best rates,” Hamrick said.

    Now is still a great time to lock in a CD

    For savers with cash sums they do not plan to touch for a set period of time, a certificate of deposit can provide a way to lock in high rates.
    A six-month or one-year CD may provide a 5% annual percentage yield, while three- and five-year CDs are still providing at least 4% returns, according to Hamrick.
    “You really haven’t lost much at all at the moment,” Hamrick said.

    Since CDs offer less liquidity than a savings account, it’s important to ensure you have access to cash in case of an emergency. A CD will typically charge early withdrawal penalties if the money is taken out before the set term.
    Having cash set aside — whether through a high-yield savings account or a CD — can help provide protection for uncertain times, Hamrick said.

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    Estate planning can be difficult. Surprises in a will can complicate things further

    Join us on October 24th at 1pm for an online Your Money event: REGISTER HERE

    Handling the estate of a deceased parent can be emotionally complicated if the estate plan doesn’t unfold as expected — say, if there is an uneven split of assets among children or a previously unknown heir who comes forward to claim a share of the estate.
    More than a third, 36%, of people with a will say there are surprises for their beneficiaries in that document, according to a 2023 LegalShield survey.
    “Don’t write a will from anger,” said one expert. “Don’t write an estate plan from anger.”

    Steve Smith | Tetra Images | Getty Images

    Handling the estate of a deceased parent can be an emotional process for children already dealing with grief. 
    Those emotions can become more complicated if the estate plan doesn’t unfold as expected — say, if there is an uneven split of assets among children or a previously unknown heir who comes forward to claim a share of the estate.

    Feelings of pain and betrayal can be avoided by having discussions about your estate plan with your family before death; however, estate planning attorneys say these conversations are rare.
    About two-thirds of Americans, 68%, say discussing end-of-life preparations with loved ones is important, but only 47% have done so, according to a 2022 Ethos survey of 1,000 adults. A 2024 report from online estate planning service Trust & Will found that 34% of millennials are unsure if their parents even have an estate plan. The site polled 1,000 adults.

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    Here’s a look at more stories on how to manage, grow and protect your money for the years ahead.

    If a client refuses to disclose information about their estate to their heirs, it can put an estate planner or financial advisor in the difficult position of doing so after that client’s death.
    “I think a lot of lawyers are hesitant to point out the ramifications of some of these things,” said New Jersey-based estate planning attorney Martin Shenkman.

    Unexpected heirs and beneficiaries

    One estate surprise may be assets given to a person, pet or entity, such as a charity or alma mater, the family wasn’t expecting as a beneficiary, experts say. It’s also possible that a previously unknown heir steps forward, such as a half sibling the deceased’s children weren’t aware of. 

    It’s unclear how common unexpected heirs are, but estate planning bombshells aren’t unusual. More than a third, 36%, of people with a will say there are surprises for their beneficiaries in that document, according to a 2023 LegalShield survey. The site polled 1,316 adults.
    About 3% of wills in the U.S. are contested, according to a 2013 study published in the Nevada Law Journal.

    In the case of a previously unknown heir coming forward, experts say the first consideration is the will. If the will is vague or unclear — say, if it designates an asset to be split “among my children” rather than naming individuals —  there could be disputes that could require court intervention, according to Mitch Mitchell, Trust & Will’s probate expert.
    Probate laws vary by state, he said, but it’s rare for genetic testing to be required to prove that a previously unknown heir is related. Typically, half siblings don’t have to prove who they are more than any other child of the deceased.
    “As for inheritance divided equally, while states may vary regarding how much of a share a half sibling is to receive, this variation generally only exists when a half sibling is inheriting through a sibling, not a common parent,” Mitchell said. “Generally, for inheritance through a common parent, half siblings receive the same inheritance in equal parts with all other siblings.”
    When there is no will, a state’s intestacy laws will determine how the property is divided, experts say, typically favoring the closest relatives.

    The kids ‘don’t always get along’

    The inheritance process can be a messy one if someone is written out of the will or an inheritance is divided unequally — especially if the decedent doesn’t detail why they made such choices.
    “There have been a zillion times when people have told me, ‘No, all the kids get along. They all understand what I’ve done,'” Shenkman said. “And they may believe that because the kids appear to get along. But as soon as the parents are gone, those emotions come out of the closet like a torrent, and no, they don’t always get along.”

    The first step to avoiding these kinds of hardships is do everything from a compassionate perspective, not from anger.

    Martin Shenkman
    estate planning attorney

    Shenkman said attorneys should have open and honest discussions with clients and ask questions about motivations during the will-writing process. 
    “When I’ve seen parents or family members disinherit somebody, it’s really a kick in the gut in most cases,” he said. 
    Shenkman also encourages clients to have discussions with their children that are age appropriate, even if they don’t disclose dollar amounts. This can help explain the decision-making behind how an inheritance is split up and avoid any feelings of betrayal after a parent’s passing, he said.

    ‘Don’t write a will from anger’

    Other things that can complicate the estate planning process are non-traditional family situations such as same-sex couples, gender transitions, assisted reproduction or surrogacies. Anything that can create ambiguity in how wills or trusts are interpreted requires creative solutions, experts say.
    Shenkman recommends involving an objective third party, such as a trust protector or friend, in the estate planning process to provide impartial perspectives for when it’s time to read the will.

    Many people avoid writing a will or creating a trust at all due to procrastination or superstition surrounding death, experts say. But reframing the estate planning process as leaving a positive legacy, rather than just distributing assets after death, can help clients take on a more compassionate long-term view.
    “The first step to avoiding these kinds of hardships is do everything from a compassionate perspective, not from anger,” Shenkman said. “Don’t write a will from anger. Don’t write an estate plan from anger.” More