Sirkin Law Group, P.C.




  Los Angeles Probate Lawyers Attorneys


Estate Litigation Attorneys in

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  Woodland Hills Elder Law

Mina Sirkin, Woodland Hills Estate Litigation Law Attorney
Board Certified Specialist in Estate Planning, Trusts and Probate Law

   Trust Litigation Los Angeles

   Probate Litigation Los Angeles

   Conservatorship Los Angeles

   Living Trust Attorney Los Angeles

Unequal Distribution to Children: Is this the Correct  Choice?

Frequently, clients who are preparing their estate plans come to us with the following scenarios and aks us to change their trust or will to reflect this: "My son/ daughter takes care of me, and I want to leave my home to him/ her."

While at first glance, this seems like a great reason to leave an asset to a child, the future ramifications should be evaluated before you make such a decision, because this type of decision often leads to litigation after death.


      Parents who decide to leave more of their estate to one child, have some of the following ideas:
      A.  Johnny makes enough money, has is own and is well off, and does not need my home.
      B.  Joe has dedicated much of his time to caring for me, and I want to compensate him.
      C.  My grandchildren never call, and never visit.
      D.  I have met the love of my life, and want to leave all of my assets to him or her, and want to disinherit my children.


      A.   My mom has dementia, and is really not thinking straight.
      B.   My mom would never write me out of her will, or trust, if it wasn't for Johnny pushing her.
      C.   Over the years, I have lent my parents much money, and my mother promised to reimburse me in her trust.
      D.   I really don't think, Sally should get all of my mom's assets, because she is very manipulative.
      E.   Ever since we were little, Sally did not like me and wanted mom to get rid of me.


What creates problems in administering trusts, or estates after death, is not so much the amount of the assets, it is the emtions which arise from the decision of the parent to tilt the distribution in favor of one child.   The allegations of undue influence, along with post-death emotional ups and downs, make for ill feelings among children.    Leaving equal distributions to your children, avoids litigation.  You should think about these before you make your distributions unequal.

Mina N. Sirkin is a Board Certified Specialist in Probate, Estate Planning  and Trust Law.  We have practiced Probate in Los Angeles for over 24 years.   Our practice is limited to estate planning (Wills, Trusts and Probate). To reach our probate attorneys by telephone, please call 818.340.4479.




Main Office:

21550 Oxnard Street, Third Floor
Woodland Hills, CA 91367
Phone:  818. 340. 4479
Fax:      818. 340. 7952

West Los Angeles
11400 Olympic Blvd., Suite 200
Los Angeles, CA 90064
Tel: 800-300-9977


19800 MacArthur Blvd., Suite 500
Irvine, CA 92715
Tel: 800-300-9977   


LAX area
6601 Center Drive West, Suite 500
Los Angeles, CA 90045
Tel: 800-300-9977   

Downtown Los Angeles
445 N. Figueroa St., Suite 2600
Los Angeles, CA 90071
Tel: 800-300-9977

450 North Brand Blvd., Suite 600
Glendale, CA 91203
Tel: 800-300-9977

225 South Lake Ave., Suite 300
Pasadena, CA 91101
Tel: 800-300-9977   



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Unequal Distributions in Trusts and Estates | Frequently Asked Questions