Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, June 13, 2017

Dividing Up Your Estate: Does It Ever Make Sense to Split It Unequally?

UnequalMany parents have children that reach different levels of monetary success in their lives. This can be a difficult consideration when drafting a will. Should the economically successful child receive less, or should assets be split equally? Carrie Schwab-Pomerantz, CFP, recognizes the potential pitfalls associated with unequal asset division. Children oftentimes consider the final gift left by a parent to be a reflection of their love and affection. A child receiving a smaller gift may infer the deceased parent is penalizing them for their life choices. Such a perceived slight can trigger resentment and may create a familial rift that could last for years.

Another concern may be the unknowability of future earnings. A financially successful child may not maintain high earnings indefinitely. At death, an unequal dispersion of assets may not reflect the current financial status of children. Regardless of the final distribution decision, talk to children about the terms of the will and seek advice from a professional.

See Carrie Schwab-Pomerantz, Dividing Up Your Estate: Does It Ever Make Sense to Split It Unequally?, Huffpost, April 26, 2017.

https://lawprofessors.typepad.com/trusts_estates_prof/2017/06/dividing-up-your-estate-does-it-ever-make-sense-to-split-it-unequally.html

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