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What if Treating Your Children Fairly Means Unequal Inheritances?


When planning their estate, most parents express the desire to treat their children equally out of a sense of fairness. However, sometimes being fair or doing what's right by your children may not mean equal or the same inheritances. The Key Takeaways

  • Treating children fairly does not always mean equal inheritances.

  • How and when each child receives an inheritance may need to be customized to your children as individuals.

  • Not providing an outright inheritance is usually a good choice, as assets that stay in a trust are protected from irresponsible spending, divorce, predators, and creditors.

When Unequal Inheritances May Be Fair There are often special circumstances to consider before you divide the family pie into equal parts. For example:

  • You may want to leave more assets to your son who struggles to support his family on a modest teacher's salary than to your daughter who makes six figures, married a Wall Street tycoon, and has chosen not to have children.

  • You may want to give a larger inheritance to a child who has dedicated himself to volunteer work, the arts, religion, or public service.

  • You may want to compensate a child who has given up part of his own life to care for you.

  • You may want to provide for grandchildren even if one child has more children than another.

  • You may have a much younger child who needs care into adulthood whereas your adult children are financially independent.

  • You may have a special needs child who will need care for his entire lifetime.

  • You may have a child who has contributed to the family business and other children who have not. Instead of making them all equal owners in the business, you may want to leave the business to the one who has contributed and shown an interest, and then provide for the others with other assets and/or life insurance.

Distribution of Inheritances May Also Vary Not only do you need to decide how much your children should receive, but also when they will receive it--and that can be different for each child. You can distribute inheritances in one lump sum or in installments; or, you can keep an inheritance in a trust. Consider factors such as the size of the potential inheritance, your children's ages and family situation, how they have handled their own money, and how much they need your financial gift. What You Should Know Many parents do not provide outright inheritances, preferring to keep the assets in a trust for their children. The trustee can make distributions for your children's benefit based on guidelines you provide, but assets that stay in the trust are protected from irresponsible spending, creditors (bankruptcy, lawsuits, and divorce), and predators (those with undue influence on your child). Frank and Jen have two sons who are stable and responsible with their own money; they will receive their inheritances in a lump sum after their parents both have died. But their daughter is in and out of rehab and has been irresponsible with her own money. Fearing she will misuse her inheritance, they decided to keep her share in a trust so it can provide for her without being completely available to her. Actions to Consider

  • If you can afford it, consider giving your children some of their inheritance now. Not only will you have the opportunity to witness them enjoying your gift, but it will provide insight as to how your children will handle an inheritance.

  • Consider whether your children should inherit everything you own. Perhaps you have additional goals such as providing for your grandchildren's education, gifting other loved ones, providing for beloved pets, making charitable contributions, or setting up a family foundation or donor-advised fund.

It's essential that you take action to ensure your children receive their inheritances as is best for them as individuals. Our office can ensure your estate plan and your children's best interests match... and continue to match as life unfolds.

About the Company:

Heritage Law Group, PLLC is a boutique Estate Planning and Elder Law firm assisting residents in Tennessee and Kentucky. We are dedicated to providing client-centered, professional legal services that are individualized through one-on-one consultations. We delight in empowering our clients and community through education and providing specialized resources. Our integrity-driven team will help you protect your legacy while delivering outstanding quality at a reasonable cost.

Owner, Jake Mason, J.D., LL.M. (Elder Law & Estate Planning), EPLS, is board-certified in Estate Planning and Probate, accredited by the United States Department of Veterans Affairs, and licensed in Kentucky and Tennessee. Contact us to schedule a consultation at (615) 989-7054 or info@planyourlegacy.com.

Your Legacy Is Our Priority™

Heritage Law Group, PLLC

1526 Hunt Club Boulevard, Suite 550

Gallatin, Tennessee 37066

Phone: (615) 989-7054

Fax: (615) 751-5208

info@planyourlegacy.com

Monday-Friday, 8:00AM-4:30PM

Visiting this site does not create an attorney-client relationship with Heritage Law Group, PLLC. Tennessee law requires notification that this is an advertisement and this website is not intended to provide legal advice. If you are seeking legal advice, you must seek it by speaking directly to a licensed attorney. While our firm welcomes feedback, we cannot accept a new legal matter without making sure there is no conflict of interest with other client matters in which we are already involved and there is no other conflict of interest that might prevent us from representing you. Unless otherwise noted, all Heritage Law Group, PLLC attorneys are generally licensed to practice law in the State of Tennessee. Attorney Jacob Mason is also licensed to practice law in the State of Kentucky. Every situation is unique and you should not act on information contained in this website without seeking advice from a legal professional specific to your particular situation. 

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