Wills, Probate

Trusts, Estate Planning

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

Personal Representative

You're such a great lawyer. I am so grateful for your passion, dedication, and professionalism. I've hired lawyers before, but you are truly the best. Thank you so much!

~ Jeannette L

Hello Heidi,

My name is Bill S. I am the youngest child of Tony and Ann S. We have never met, but from what I have seen and heard from my Dad, you have done some amazing things to help him. He has praised your efforts enormously to both me and my Brother Bob.

I wanted to reach out and send a quick note of appreciation for helping him through a very tough time. Although you may have not received much in the way of money for your work on this, (My Dad shared with me your bill), please know that you have made an enormous difference in our lives.

My Dad has been a “prisoner” in his house for a few years now, and the help that he has been able to get through your assistance, has been truly invaluable. I was down there last week and we had a few tough days. I am not sure what we have done without the assistance that you helped provide.

Thank you dearly for all you have done, you have truly been an angel for our family. God Bless You and your family!!!

~ Bill S.

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.

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