Wills, Probate

Trusts, Estate Planning

210 South Beach Street, Suite 202
Daytona Beach, FL 32114
(386) 257-3332

Personal Representative

Heidi is awesome! She is so supportive and knowledgeable. My mom, my husband and I have all used her services, and I would recommend her to anyone!

~ Ava E

My husband and I never made the time to have a Will prepared, but after his mother passed with all her affairs in perfect order, we knew we needed to do the same for our children. We went to see Heidi, who came highly recommended, to create our Wills. Heidi guided us through the process and educated us on the importance of other legal documents. She gave us the information we needed to help us make decisions that were best for our family, and she did it in a very professional and comfortable atmosphere. We were very appreciative of the time she took to address all of our questions and concerns. Having our Wills, Trust, Power of Attorney, Healthcare Proxy and other documents in place has given us great peace of mind. We can confidently recommend Heidi Webb, with all of her expertise, compassion and professionalism for your estate planning needs.

~ Dawn H

How to Handle Unequal Bequests in Your Estate Plan

unequal bequests

There are several common reasons why someone would leave unequal bequests:

  • Strained relationship
  • Estranged relatives
  • An attempt to even out the amount given to loved ones because an individual may already have received a significant amount of property from you during your lifetime
  • Increased need of the beneficiary

Whatever the reason, unequal bequests have an increased risk of someone disputing the validity of the document. For that reason, you should tread carefully when leaving different amounts of property between beneficiaries who expect equal distributions.

If you are modifying existing documents in a way that will decrease the percentages given, I do not advise using a codicil or trust amendment. These will accompany the original document, alerting beneficiaries to the fact they originally were to receive more. Instead, revoke your last will and testament and create an entirely new document. If a trust is the primary planning tool, a Restatement may be a smart choice.

In most cases, discussing your intentions and reasons with beneficiaries during your lifetime can avoid significant pain and potential court involvement later. For those who are unable to discuss with family, leave a letter of explanation. Keep in mind this letter should not be one last jab at the individual but should be an attempt at reconciliation and a recognition that they may be surprised or unhappy with your decisions. Leave the sealed letter with your last will and testament.

Each estate plan is unique, just as the needs of each family are unique, be clear on your intentions and prepare your estate plan with a qualified Estate Planning attorney.

Heidi S. Webb, Attorney at Law, serves clients in Daytona Beach, Ormond Beach, Port Orange, Melbourne and beyond with matters of Elder Law, Estate Planning, and Probate Law.

Contact her today to schedule a free consultation. Visit her page on Facebook or heidiwebb.com to see what her clients are saying to learn more about Heidi.

Share this…