Un-Equal Inheritances: Communication or Probate Litigation?

Are un-equal inheritances fair? Does it matter?  If you are inheriting from a Florida probate or estate, you may want want to read a recent commentary on un equal inheritances by New York probate lawyer Henry Koslowski.  Henry Klosowski is partner and chair of the trusts and estates practice group at Moritt Hock & Hamroff, a law firm with offices in Garden City, N.Y. and Manhattan. His commentary is excellent and a must-read for heirs, family members and even trust and estate attorneys.

Will Someone Object to the Will

• Let’s say that mom or dad lived in Delray Beach, Florida and that they passed
• Their revocable trusts Florida provide for an unequal inheritance, say, 90% and also 10% for their two children who are adults
• Dad or mom never communicated this to their adult children — or the inlaws !
• Is it worth hiring a Palm Beach probate litigator to deal with the un equal inheritance

Florida Probate Law on Inheritances

• Florida probate law holds that a person, like mom or dad, can do whatever they want with their money.  There is a strong public policy in Florida probate to permit a person to give away, or not give away, family money
• Except for a spouse or minor children, heirs really don’t have an entitlement to an inheritance
• Often, however, loved ones and heirs feel bitter or angry about not receiving an inheritance or receiving less than brothers or sisters
• Do you really want to hire a Palm Beach probate litigation law firm to argue about undue influence or lack of mental capacity?  Is it worth it?

While communication may be the key, the truth is that a son or daughter can still try to file a will contest after you are gone.   It may make sense to try to anticipate that if you sense that an unequal inheritance from your Florida revocable trust will cause bitterness.  In the end, do you really want  your children’s inheritance to “go” to Florida probate lawyers?  Is it worth it?