Unequal inheritance occurs when a parent leaves different amounts of assets to their children. Hurt feelings and conflict can damage relationships and potentially lead to lawsuits among siblings.
Estate planning requires carefully drafting each document to adequately provide for your loved ones when you die. Various elements of your estate plan also should be flexible to account for unforeseen circumstances and significant life events.
Communication is vital when you’ve created an estate plan. You should inform your loved ones of your reasoning for leaving them an unequal inheritance. That might prevent future arguments and will contests.
Estate Planning Methods for Unequal Inheritance
 If you’re leaving more of your inheritance to one beneficiary than another, you should consider creating one of the instruments below:
- Family pot trust – A family pot trust is beneficial for families with children who differ significantly in age, or one is a minor. Each child is a beneficiary of the trust. An appointed trustee is authorized to distribute assets or funds based on the child’s needs, such as education, medical issues, and living expenses. The beneficiaries receive equal amounts of the remaining assets held in the trust once the youngest child turns a predetermined age, such as 18.
- Spendthrift trust – A spendthrift trust provides beneficiaries with financial security while protecting the trust assets. Beneficiaries can’t access the assets held in trust. Instead, the trustee can pay the beneficiaries on a schedule or purchase necessary services and goods using the assets.
- Power of appointment – A will or trust can include a power of appointment. A power of appointment can be general or limited, allowing a third party to choose how to handle the deceased’s property. Despite proposed instructions in a will or trust, the designated third party can use their discretion to modify the distribution of assets under certain circumstances.
How to Minimize the Risk of a Will Contest
 The beneficiaries of unequal inheritances are often unhappy with their loved one’s decisions. Some people don’t know they’re receiving less than someone else and feel surprised when the time comes to distribute the estate. Sometimes, a beneficiary might assume someone forced or tricked their parent into an unequal inheritance.
If a beneficiary believes undue influence occurred, they might challenge the validity of the will. Filing a lawsuit places the entire process of distributing the estate on hold. A judge must determine whether the will is valid and authorize the executor to proceed with asset distribution. However, it could take time, preventing heirs from receiving their rightful shares of the estate in a timely way.
Minimizing the risk of a will contest and other issues regarding your estate might require explanations. You can write a detailed letter to explain why you chose to leave an unequal inheritance. Although communicating your difficult decisions might be uncomfortable, having a face-to-face conversation can alleviate doubts about the validity of your will.
Contact a Brandon Will and Trust LawyerÂ
Creating an estate plan with an unequal inheritance can be stressful. You know your decision is necessary and beneficial for everyone. However, you worry about the ramifications and how the inequality of inheritance will affect your children.
You should contact us now to discuss the available options for handling an unequal inheritance. We can provide the guidance you need to secure your family’s future while ensuring that the eventual distribution of your estate is as smooth and peaceful as possible for your loved ones. To schedule an appointment, contact our Brandon law firm at (813) 438-8503.