Without any context, it may appear cruel and unfair that you would want to give one child a more significant portion of your estate, monetarily and sentimentally speaking, than your other child. However, you may have valid reasons for it, mostly for the sake of protecting your assets and considering your other loved ones. So without further introduction, please continue reading to learn whether you are expected to give equal inheritances amongst your children and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC can help you plan your estate distributions accordingly.

Does Pennsylvania estate law require equal inheritances?

Notably, the Commonwealth of Pennsylvania does have a law regarding the spousal share. This rule holds that your surviving spouse has the right to claim an elective share of one-third of your estate. This applies regardless of whether you attempted to give them less or disinherit them altogether in your Last Will and Testament document. With that, they may ultimately receive one-third of your assets passing through probate or intestacy, your life insurance policy, and even some of your lifetime transfers. 

Although, you must understand that this inheritance share regulation does not consider children. The only instance in which Pennsylvania law directs that your children receive a share of your estate is if you pass on without a valid and enforceable will document; that is, if you die in intestacy. If you have a surviving spouse, they may get $30,000 plus half the remainder and your surviving children may divide the remaining balance evenly. If there is no surviving spouse, then your surviving children share your estate equally.

Why might I not give equal inheritances to my children?

Even though your intended distributions amongst your children may be unequal, they may still be considered fair and just. With that being said, you may feel validated in ultimately making this rather difficult decision under any of the following circumstances:

  • You may want to provide more compensation to the child who assumed the role of your caregiver in the final years of your lifetime.
  • You may want to consider establishing a supplemental needs trust for your child with a disability to protect their eligibility for public benefits. 
  • You may not want to give any shares to your child who has been estranged from you and your extended family for many years now. 
  • You may not want to give considerable shares to a child who is known to be financially irresponsible (i.e., history of debt, bankruptcy filings, etc).
  • You may not want to trust monetary assets with a child who has a known substance abuse issue and has yet to recover from it.

In conclusion, we suggest you employ the services of one of the skilled Butler County estate planning attorneys from Heritage Elder Law & Estate Planning, LLC, if you want the best possible chances at a positive legal outcome. We look forward to serving you.