As a parent, you want what's best for your children—even after you're gone. But what happens when "fair" doesn't necessarily mean "equal" in your eyes? Perhaps one of your children has special needs requiring lifelong care, or maybe one is far more financially stable than the others. For reasons like these, you may be considering leaving more of your assets to one child than the rest. While unequal inheritance is an option, it's a decision that shouldn't be made lightly. Aside from the potential for hurt feelings and damaged relationships among your children, there are legal and financial factors to consider. As experienced Florida estate planning attorneys, we've helped numerous Florida families like yours find a fair way to deal with an unequal inheritance. Schedule a Discovery Call today to learn more. Unequal Inheritance Can Occur for Many Reasons First, it's important to understand that there are many valid reasons why a parent might choose to leave disparate inheritances. Some of the most common include: Special needs. A child with disabilities may need a larger inheritance and a special needs trust to ensure their care is provided for throughout their life. Prior gifts. If you've already given substantial money or assets to one child during your lifetime (paying for their wedding, home down payment, etc.), you might want to even things out by leaving more to the others in your will (or trust). Support for dependents. A child with dependents of their own may need more financial support than a child without children. For example, you may want to provide funds to be used for a grandchild’s college tuition. Income disparities. You may choose to "level the playing field" by leaving more to a lower-earning child than their high-earning siblings. Unequal contributions. An inheritance can recognize a child who supported you in your later years, whether financially, physically, or emotionally. Potential Probate Challenges Even if you believe your unequal inheritance decisions are fair, your children may not agree—especially those getting less. In fact, receiving a smaller inheritance than expected is a common motivation behind probate litigation. A last will and testament can be contested or challenged in probate court by any interested party, including your children. Some of the typical legal grounds include: The will was improperly signed or witnessed. You lacked testamentary capacity at the time you made the will. You were under undue influence or duress when making the will. The will was procured by fraud. Disgruntled heirs could claim your unequal bequests are evidence that your will is invalid. If one of your children decides to contest your will, it could result in a costly, drawn-out court battle for your loved ones. That's why it's crucial to work with experienced estate planning counsel to ensure your will is properly executed and your wishes are clearly documented. Tips to Help You Minimize Inheritance Conflict: Advice From Our Experienced Florida Estate Planning Attorneys Unequal inheritances have the potential to cause strife and resentment among your beneficiaries, but you can take steps to mitigate these risks. Explain Your Reasoning Don't leave your heirs speculating about the motives behind your estate planning decisions. When possible, have honest conversations with your family about your intentions and rationale. If you're uncomfortable discussing these matters in person, consider leaving a letter of explanation with your estate planning documents for your beneficiaries and/or fiduciaries. Use a No Contest Clause A no contest clause is a provision you can include in your will that disinherits any beneficiary who challenges your will. This can be a powerful deterrent against frivolous will contests, but it's not foolproof. A beneficiary who has been completely disinherited has nothing to lose by contesting since they won't receive anything anyway if they don't win. Also, be aware that no contest clauses are invalid in Florida estate planning, but they may have a deterrent effect. Choose Your Personal Representative Wisely Your choice of personal representative is always important, but even more so when you anticipate inheritance conflict. Select someone who is impartial, assertive, and able to withstand pressure from disgruntled relatives. It may be advantageous to appoint an independent fiduciary rather than a family member to increase objectivity. Emphasize Your Love Make it clear to your beneficiaries that an unequal inheritance doesn't equate to unequal affection. Reassure each heir of your love and appreciation, in person and/or in writing. Sometimes emotional treasures, like family heirlooms or photo albums, can be just as meaningful as financial assets in demonstrating your care.
