Home » Blog » Leaving Inheritance to Estranged Family Members: Key Considerations
Leaving Inheritance to Estranged Family Members Key Considerations

Leaving Inheritance to Estranged Family Members: Key Considerations

POSTED ON: December 2, 2024

Planning an estate often involves making difficult decisions about how your legacy will be passed down. For parents dealing with estranged family members, these decisions can become particularly emotional and complex. If you’re uncertain about whether to leave an inheritance to an estranged family member, understanding your options can help you navigate this delicate situation. […]

Planning an estate often involves making difficult decisions about how your legacy will be passed down. For parents dealing with estranged family members, these decisions can become particularly emotional and complex. If you’re uncertain about whether to leave an inheritance to an estranged family member, understanding your options can help you navigate this delicate situation.

Should You Leave an Inheritance to Estranged Children?

Many parents grapple with the decision of leaving assets to children who are no longer part of their lives. For some, it feels like a final act of love and reconciliation. For others, it may seem like rewarding behavior that causes emotional distress or goes against shared family values.

Reflecting on the legacy you want to leave can provide clarity. If your estranged child has distanced themselves from the values you hold dear or explicitly communicated a desire to sever ties, leaving them an inheritance may not bring the resolution you seek. In some cases, it might even lead to further emotional turmoil.

The Emotional Impact of Money

Money, particularly from a strained relationship, can carry emotional baggage. For some estranged children, an inheritance may feel like a last attempt to control or influence their lives rather than a gift of goodwill. This can foster resentment and deepen existing rifts.

One parent shared an alternative perspective on rejectedparents.com, explaining how they and their spouse decided to spend their savings on personal happiness, adopting a philosophy they called SKI—"Spending Kids’ Inheritance." By focusing on their own fulfillment, they let go of concerns about how their estranged children would view their financial legacy.

Considering Non-Financial Inheritance

Beyond money, cherished possessions like family heirlooms, photos, or antiques are often part of an estate plan. However, these items may hold little value for estranged children.

Some parents choose to declutter and repurpose their belongings, ensuring that items go to individuals who will genuinely appreciate them. Selling, donating, or gifting these items during your lifetime can relieve emotional and logistical concerns about what happens to your possessions after your passing.

Fairness in Estate Distribution

For parents with multiple children, determining what is fair can be particularly challenging. Should an estranged child receive the same inheritance as one who has maintained a close relationship?

While there’s no universal answer, some parents choose to leave unequal shares, allocate a token inheritance, or even impose conditions on the estranged child’s inheritance through a trust. Others opt to skip the estranged child entirely, prioritizing peace of mind for their family. Grandchildren of estranged children are also often considered, with provisions made for their future instead of leaving assets directly to their parents.

Why Consult an Estate Planning Attorney?

Handling estate decisions involving estranged family members is a sensitive and nuanced process. An estate planning attorney can help you explore options, such as conditional gifts, trusts, or creating a will that aligns with your personal wishes.

This is an emotional decision, and working with a professional can ensure that your plan reflects your values while being legally sound and enforceable.

Key Takeaways

  • Acknowledge emotional impacts: Leaving an inheritance to estranged family members can stir unresolved feelings and exacerbate tension.
  • Weigh benefits vs. drawbacks: Consider whether your decision will foster healing or create further discord.
  • Simplify possessions: Items like heirlooms may no longer hold value for estranged family members and can be sold, donated, or given to those who will appreciate them.
  • Ensure fairness: Distributing assets among multiple children—estranged or not—requires careful thought.
  • Seek professional advice: An estate planning attorney can help craft a customized plan to meet your needs.

Navigating inheritance decisions involving estranged family members can be emotionally difficult, but you don’t have to face these challenges alone. At The Werner Law Firm, our estate planning attorneys are here to provide compassionate guidance and tailored solutions to meet your unique circumstances.

If you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we’ve helped over the years.

Reference: Rejected Parents (Oct. 5, 2021) Will You Leave a ‘Toxic’ Inheritance?

Share This Post

Why Our Living Trust Law Firm & Estate Planning Attorneys?

Founded in 1975 by L. Rob Werner, The Werner Law Firm and our dedicated attorneys are available for clients, friends, and family members to receive the legal help they need and deserve. You can trust in our experience and reputation to help navigate you through your unique legal matters.

Hiring a lawyer can be a daunting task, but it doesn’t have to be. From the moment you contact our firm, through the final resolution of your matter, our goal is to make the process easy and understandable. Through our Werner Law Firm Difference, our goal is to have you feel like a burden was lifted from your shoulders, and that we made the whole process an easy one

If you’re looking into taking care of your estate planning, we urge you to schedule a free initial appointment today and join the many satisfied clients who have contacted Werner Law Firm.

Book an Initial Call Now

Join Our eNewsletter and our Texas Estate Planning and Probate Blog Digest

Werner Law Firm logo
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. See full disclaimer here.
Some of the areas we serve:
Estate Planning
Avoiding Probate
Living Trusts
The Werner Law Firm TX, PLLC
5 Cowboys Way, Suite 300
Frisco, TX 75034
Get Directions
IMS - Estate Planning and Elder Law Practice Growth Advisors
Powered by