Families grow over decades, navigating the blessings and challenges of life. When a parent dies, if one sibling inherits significantly more than the others, the family unit may not survive. A disturbing article from The Street, “Fidelity uncovers the ugly side of inheritance,” paints a picture most of us would prefer not to think about.
Uneven distributions among family members are fueling an increasing number of legal battles, leading to broken sibling bonds and lasting financial scars. The scenario is simple: a loved one dies, the estate plan reveals a surprisingly inequitable distribution and one person receives far more than others.
Parents sometimes decide to leave more to a child with greater financial needs. This isn’t a bad idea. Other times, the child who took care of the parents’ day to day, giving up their own career and sacrificing their caregiving, is rewarded with a larger inheritance.
The trouble lies in the gap between the parents’ intent for the uneven distribution and the adult children’s perception of the reason for the decision. When parents die, siblings are in a highly emotional time, existing family dynamics are magnified and grief can cloud reactions. The loss of a loved one, the feeling of rejection by the deceased parent and old resentments combine to create a worst-case scenario, exactly when the siblings need each other the most.
Not every unequal inheritance is intentional. Inconsistencies between wills and beneficiary designations can produce unintended outcomes. Failing to have an estate plan, including a will and trusts, will almost guarantee a problematic estate distribution. A will created without the guidance of an estate planning attorney could easily be deemed invalid by a court, leading to a court-appointed administrator relying on state law to distribute the estate’s assets.
Parents or grandparents with assets to pass on should take several steps to avoid having the family disintegrate after their deaths:
If you intend to distribute different amounts to siblings, it’s critical to the health of your family to have transparent discussions about your decision while you are still living. You may be acting out of love, but if they are left in the dark and there’s no chance to talk with you, the family could fracture.
What if you’re the family member who received the larger amount and aren’t comfortable with it? You can disclaim all or part of your share within nine months of the death, and the assets pass to the next beneficiary in line. You cannot control where the assets go, however. If the decedent’s will includes a power of appointment, you can redirect assets to other family members. You can also gift inherited assets to a family member. However, this will be treated as a taxable gift.
Unequal distribution is not an unsolvable problem. However, heading it off at the start through conversations and avoiding an unpleasant surprise for heirs protects the family and your legacy.
Legacy One Law Firm, APLC is an estate planning and probate administration law firm in Los Angeles, California, serving families throughout the State. Schedule a quick and easy consultation with our estate planning attorney, Sedric E. Collins, Esq., or call 323-900-5450.
