Reflecting on your time as a parent, you may realize that you, unintentionally, offered more financial support for one child over another, whether it be because of the type of education they pursued, the financial crises they put their family under (i.e., bankruptcy filings), or otherwise. Or, one child may have really stepped in to cover your healthcare and personal needs when you needed it the most, and you have yet to figure out a way to repay them for this sacrifice. Whatever the specific case is, you may believe it to be equitable if you coordinate uneven shares of your estate. If this is what you are currently considering, please read on to discover whether this will potentially create legal issues and how a seasoned Broward County wills lawyer at The Probate Lawyers can help you understand the repercussions of this decision before executing it.
Which family members are supposed to inherit my estate?
Simply put, you may choose to include or exclude any individual from an inheritance, including your children. This is so long as you establish a valid Last Will and Testament document that the Florida probate court can enforce at the time of your unfortunate passing.
Otherwise, there may be governing rules that have a say on which family members are supposed to inherit your estate, including your children, and the total share each individual should receive. This is what is known as Florida’s intestacy laws.
With this, your surviving spouse has “first dibs,” so to speak. That is, they have the legal right to inherit your entire estate. But say you have surviving children from a previous relationship. Your spouse will receive half of your estate, while your children divide the other half evenly amongst themselves. If only surviving children exist, they may inherit and share the entire estate equally.
Does leaving uneven inheritances to my children cause legal issues?
Even though you have the authority to order uneven inheritances in your will does not mean that tensions, disputes, and even legal battles will not manifest amongst your surviving children. This is to say that one of your children may initiate estate litigation proceedings with the Florida probate court.
Specifically, your child may make a case for uneven inheritances reflecting an underlying issue with undue influence or coercion by another one of your children. Further, they may argue that you lacked the mental capacity to understand that you were being manipulated or overall to fully grasp what instructions you were signing off on in your will document.
To prevent such legal issues to the best of your ability, it is recommended to communicate your intentions to your children while you still have the opportunity to. Also, you may attach explanation letters to your will and trust documents. This clarity may afford your child enough time to come to terms with your difficult decision and not turn on their family as a result.
In conclusion, we suggest you employ the services of a competent Broward County estate lawyer from The Probate Lawyers if you want the best possible chances at a positive legal outcome. We look forward to serving you.
