Sirkin Law Group, P.C.
Los Angeles Probate Lawyers Attorneys
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Estate Litigation Attorneys in
Los Angeles California:
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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.