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5 Reasons Your Children Should Not Be Treated Equally in Your Estate Plan

It is common for parents to distribute their estate equally to all children. However, treating your children fairly doesn't necessarily mean equally. The following are five reasons that might make an unequal distribution the fair thing to do:

1. You spent more on one child than the others.

If you financed the college education of your children and one went to a very expensive university, while the others went to community college or didn't attend college at all, it might not be fair to split your estate into equal shares. Or, perhaps you gave money for a house downpayment or made a loan to a child, it might be unfair that all children receive an equal inheritance.

2. A child earns substantially more money than the others.

While the high-earner shouldn't be penalized for being successful, the high-earner will likely not need the inheritance as much as his/her less affluent siblings. If one child is a multi-millionaire and the others are struggling to get by, a larger share of the inheritance will probably be most needed and appreciated by the others.

3. A child has special needs.

A child with special needs will likely require more financial help than his/her siblings. While a large portion, if not the entire inheritance, might be needed to sustain the special needs child through his/her lifetime, siblings can take comfort that their special needs sibling will be cared for and they won't be burdened by his/her financial needs. If the special needs child receives government assistance, it is important that any inheritance is put into a special needs trust to avoid disqualification of government benefits.

4. A child is best qualified to run the family business.

If one child is familiar with the inner workings of the family business and worked there for years, while the others chose other career paths, it seems unfair to split the business into equal shares. In fact, it might be detrimental to the success of the business.

5. You have a blended family.

If you have children from a previous relationship and your spouse has substantially more assets than you, your spouse might think it unfair to split his/her assets between your children together and your children from a previous relationship. In this situation, it might make sense to base distribution of the estate on which spouse is the last to become deceased. For example, if you die last, then equal distributions to all children. If your spouse is the last to die, then distribution to your children together with your children from a previous relationship receives nothing.

If you decide on making an unequal, but fair distribution, it might be a good idea to explain why. Children often equate money with love. A child receiving less than the others might think that you loved him/her less than his/her siblings. A letter accompanying your estate plan explaining the distribution of your estate is simple to do and can prevent any long-lasting hurt feelings.

This article is a service of the Law Office of Keoni Souza, LLC, an estate planning law firm in Honolulu, Hawaii. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That is why we offer a Family Wealth Planning Session, during which you will get more financially organized than you have ever been before and make all the best choices for the people you love. You can begin by contacting our office today to schedule a planning session and mention this article to find out how to get this $750 session at no charge.

Disclaimer: All information on this website is for informational purposes only and is not legal advice. You should contact an attorney trained to work with families on estate planning matters regarding your specific situation. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between the Law Office of Keoni Souza, LLC, and any users or any other party.



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