Wills, Probate

Trusts, Estate Planning

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

Personal Representative

Heidi and her team are truly unmatched in their professionalism, kindness, and willingness to help. They are incredibly knowledgeable and make navigating legal matters feel far less overwhelming. I trust them completely and recommend their services without hesitation—they are exceptional advisors and advocates.

~ Margaret G

Our entire experience creating necessary estate documents through Heidi was only positive. She and Molly were extremely prompt with communication and her services were reasonably priced. She took the time to always thoroughly explain everything and answer my MANY questions always with a smile and the desire to make sure we were confident in how we worded things for our documents. She was happy to make changes to fit our needs and was even available to give advice regarding how to best handle my late father in law’s affairs. We really appreciate knowing that Heidi has our best interest in mind and that we have a relationship with an attorney whom we wholeheartedly trust. I’m not easy to win over in professional relationships, and I would fully recommend her to others.

~ Hannah C

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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