Idaho Law Blog
As an Idaho estate planning attorney I’ve seen all kinds of clients come into my office with questions about their Idaho estate planning. One thing that I find troubling is when parents begin discussing how to make distributions to their children in an unequal way based on what I considered to be arbitrary or silly reasons. To be clear, each individual is entitled to make whatever decisions they choose in their estate planning. This could even include the drastic act of disinheriting a child if a parent chooses to do so. However, I usually have frank discussions with my clients about their decisions to make sure that they fully understand the ramifications of what they are doing. One of the discussions that I have often with my clients is about creating a plan of unequal distributions among their children. Here are what I consider to be 3 bad reasons for treating your children differently in your Idaho estate planning.
1. YOUR CHILD’S SPOUSE
The first bad reason for treating your child differently in your Idaho estate planning is because you don’t like your child’s spouse. It may be true that your child’s spouse has influenced your child and that your relationship with them is not that great. However, keep in mind that when you leave a gift in your Idaho last will and testament to your child it does not go to the spouse, but rather goes directly to the child as their separate property. What your child does with this property after they receive it is their business because it is their property at that point. Simply disinheriting your child or giving them something less because you don’t like their spouse is a petty and illogical reason for treating your child differently.
2. DISPARITY IN YOUR CHILDREN’S WEALTH
A second bad reason for treating your children differently in your Idaho estate planning is because of the difference in wealth that your children have. You are distributions from your estate planning should not be based upon your children circumstances of wealth but rather should be based upon your desire to show your love and affection for your children.
If there is any disparity between the gift you give to your children your children to go to notice and they’re going to recognize that they have not been treated the same. You will not be there to explain to your children the reason that you were giving them less period you may have full confidence in their ability to take care of themselves because of their own well. However, I often find that it is not the volume or dollar amount that is given but rather the feeling of love and equinus that can bring a family together. When fairness and equal this does not exist, this usually leads to dissatisfaction and anger between the recipients of the estate.
3. YOUR CHILD’S SPENDING HABITS
The third bad reason for treating your children differently and your estate planning is because you don’t care for your child spending habits. It may be true that your child is a spendthrift. Unless your child spending habits are extreme, and they are on the brink of bankruptcy or foreclosure because of their spending habits, it is a silly reason for leaving them something less than what you would leave to others. Whatever lessons you may be attempting to teach your child will be lost due to the disbelief and confusion that results from an unfair or uneven distribution of your estate. What your child will likely learn is that you didn’t really care for them after all.
If you have questions about how to treat your children differently and your estate planning, or questions generally about your estate planning, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Estate Planning attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Estate Planning questions and will help you solve your Idaho Estate Planning problems.