Should Children Expect an Equal Inheritance From Their Parents?
Added July 30, 2009 by Ilyce R. Glink
Summary: The one thing children look to their parents for is support - both emotional and financial. When parents die, children expect that if there is an estate, they will inherit at least the vast majority of it. Should all children expect to inherit their parents' estate equally?
A ThinkGlink.com reader weighs in on a story that Ilyce wrote two weeks ago (link to the original story is at the bottom of the page). Feel free to leave your comments about children inheriting their parents' estate.
Should All Children Expect to Inherit Their Parents' Estate Equally?
Q: In a recent column, you discussed the case of an 84-year old mother who had deeded her property to her granddaughter and older sister. The question posed was whether the mother was of sound mind.
While abuse and duress certainly seem to be prevalent in these money-hungry days, perhaps the opposite is true. Perhaps the mother is leaving property to those who treat her best, namely, in this case, the granddaughter and the older sister.
People expect to automatically inherit on the basis of relation but the mother may not like how she has been treated by the twin sisters and has chosen to leave them nothing.
A: You are right, of course. It's entirely possible that the daughter who wrote to me has done something really awful to her mother and has been cut out of the will. And, I said as much in the first sentence of the answer.
But I also wanted to raise the possibility of elder abuse because it is such a heinous crime and because it goes on every day.
I think part of my job is exploring both sides of an issue and providing a takeaway to help the letter writer. In this case, I suggested that my correspondent discuss the issue with her mother so that she gains "closure" and doesn't spend the rest of her life wondering what really happened.
But if in that conversation, it appears to her that her mother is confused and doesn’t understand what has happened, there may be something worth pursuing with an elder law attorney.
Thanks for taking the time to write.
Read More:
Using a Quit Claim Deed Will Transfer Title and Nullify Your Wishes in Your Will
Tax Treatment of Inherited IRA Subject to Taxes
Inheritance Taxes Depend on Estate Structure
See more articles on this topic by clicking on the "RELATED ARTICLES" above and to the right.
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Additional Topics
(View All Topics)assets capital gains estate planning inheritance lawyer personal finance advice probate property quit claim deed real estate real estate advice real estate law taxes title trusts
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Comments
florence says
A parent does a great disservice to the children who assist and respect the parent throughout a life time. To leave the bad sheep who are lazy, uncaring, abusive and also those who live a distance away and visit seldom is unfair. The parent who leaves inheritance equally is rewarding bad behavior and worse does not show respect and appreciation for the children who do good. This happened in my family.
reed says
I strongly think that there should be equality unless there is an obvious difference in assistance provided. In my case, I am the only one of six who made a real effort to help my mother go through and dispose of decades of junk (empty cardboard boxes, cool whip recipes, etc...). My sister who lives a short flight away and has done very little to help straighten up is the one that my mother likes to be around since she spends lavishly and has interesting wealthy friends. She shakes my mother down for lots of money, however. The latest thing she's done is borrow $50K to pay off credit cards. I don't think she plans to pay her back. I am hurt and disbelieving. If a parent wants harmony among the children then she needs to treat them fairly, otherwise the children will not speak to each other after the passage.