Will I inherit an equal share as designated in my parents' Will? 21 Answers as of May 27, 2014

My 3 brothers have already received $100,000 since my parents have been alive and I did not receive anything yet. Plus my parents have put aside another $250,000 with my brothers as beneficiaries. How can assets be divided more equally? Plus I have been the only one to overlook my parents' care for more than 30 years. Aren't my parents being unfair to me?

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Law Offices of Robert Beatson II | Robert Beatson II
Suggest you talk to an attorney who handles Federal/MD estate planning. Information will need to be assembled and carefully reviewed for a proper analysis and estate distribution plan to be implemented. An experienced estate attorney in MD should be able to handle this type of matter and to protect the interests of the client.
Answer Applies to: Maryland
Replied: 5/27/2014
Christine Sabio Socrates Attorney at Law | Christine Socrates
Absent any incapacity of your parents or undue duress or coercion from your brothers on your parents, your parents have a right to make gifts during their lifetime and make their will distributing any amounts to your children. If your parents choose to be unfair or unequal in the distribution of their assets, they have a right to do so as long as they are of sound mind and not under an duress or coercion from your brothers.
Answer Applies to: Ohio
Replied: 5/14/2014
Edward L. Armstrong, P.C. | Edward L. Armstrong
Whether your parents are being "unfair" to you is a question I cannot answer. I can only say that parents are not obligated to give their children anything and they have no obligation to make estates or trusts or other assets available to their children on an equal basis. In other words, parents may favor one or more children over other children.
Answer Applies to: Missouri
Replied: 5/14/2014
Law Office of Pamela Braynon | Pamela Y. Braynon
That maybe so, however your parents are free to leave their belongings to whomever they please.
Answer Applies to: Florida
Replied: 5/6/2014
Law Offices of Frances Headley | Frances Headley
They may be unfair, but it is not illegal. Anyone can divide up their estate in any manner they choose. Equal divisions, although common, are not mandated by law.
Answer Applies to: California
Replied: 5/5/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, it sounds as if they are being unfair. Sometimes things are not fair. Why not ask why?
    Answer Applies to: California
    Replied: 5/5/2014
    Law Office of Nathan Wagner
    Law Office of Nathan Wagner | Nathan J. Wagner
    Maybe they are being unfair with you. I am sorry to say, however, that the law allows them to be unfair in this way. There is no law saying that they have to leave you anything in their will.
    Answer Applies to: California
    Replied: 5/5/2014
    C Page Hamrick Attorney at Law | C Page Hamrick
    FOR WEST VIRGINIA ONLY: You should make a claim withe the Executor/Administrator of the Estate to determine why you are not receiving your share. Your question is multiple and complex and you really need to speak with an attorney.
    Answer Applies to: West Virginia
    Replied: 5/5/2014
    James M. Chandler | James M. Chandler
    They can leave their property to anyone they want to. Talk to them about the situation and make sure that anything they want to give to you is in a will or a trust designated for you.
    Answer Applies to: California
    Replied: 5/5/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You are not necessarily entitled to inherit or be gifted anything. Your parents can leave their estate to whomever they choose, even to your exclusion. If you have a concern, speak with your parents about the estate plan, but keep in mind they have no obligation to leave you anything.
    Answer Applies to: Nevada
    Replied: 5/5/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Suggest you immediately obtain the services of a probate trust litigation lawyer to make the appropriate inquiries on your behalf to determine if you were included or not included in the disposition documents meaning the will or trust, or just forgotten to be included.
    Answer Applies to: California
    Replied: 5/5/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Every person can leave his or her possessions to whomever he or she wishes. There is no requirement that assets be split equally between siblings either while a parent is still alive or after death. Some parents take into account what they have already given to each of their children when preparing a will. Others allocate assets according to which child they believe will need more financial support after their death. In any case, it is your parent's money to do with as they wish and you're not "entitled" to any of it.
    Answer Applies to: Nebraska
    Replied: 5/5/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    That sounds terribly unfair. Talk to your parents about this. They can change their wills to even things up, and change the beneficiary designation.
    Answer Applies to: Oregon
    Replied: 5/5/2014
    Gates' Law, PLLC | Thomas E. Gates
    Your parents owe you nothing from their estate. They are free to distribute their estate any way they wish while living. The estate at the time of their death is distributed according to the provisions in the will.
    Answer Applies to: Washington
    Replied: 5/5/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Unfairness doesn't invalidate a will/trust.
    Answer Applies to: California
    Replied: 5/5/2014
    James Law Group
    James Law Group | Christine James
    They may be being unfair but they have the right to distribute their estate however they want to. There must be a reason in their minds. Perhaps you want to politely ask them so if nothing else, you understand why they are doing what they are so there are no hard feelings.
    Answer Applies to: California
    Replied: 5/5/2014
    Strickland Law, PLLC
    Strickland Law, PLLC | Jeffrey S. Strickland
    Your parents can divide their assets as they desire, as a child has no right to decide how the parents divide their assets. Maybe you should discuss with your parents.
    Answer Applies to: Tennessee
    Replied: 5/5/2014
    Frederick & Frederick PLC | James P Frederick
    It is hard to say. Your parents may feel that you are so well off that you do not need their assistance. There are all kinds of possible explanations for their actions, but it is all speculation, without more facts. You already know a great deal about your parents' plans and their finances. That is fairly unusual. Since you know so much, have you asked them about this? "Fairness" is a very subjective concept. Children frequently feel entitled to their inheritance. Your parents can leave things any way they choose, as long as they know what they are doing and are not being unduly influenced by someone else. It is not clear in your case why they have apparently given you less. There is nothing you can do about it, if they are determined to exclude you. Since this does not make sense, given what you have said, you may need to have a frank discussion with them. Keep in mind, though, that money and inheritances generally have very little to do with love and affection.
    Answer Applies to: Michigan
    Replied: 5/5/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Unless your parents specifically designate the lifetime gifts as advancements they will not be considered in the division and distribution of their estate after death. Your parents can benefit whomever they chose while alive and in their will. If you believe they are not being fair to you must discuss the matter with them.
    Answer Applies to: Illinois
    Replied: 5/5/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The provisions of the will are up to the person who makes it. Regarding both inter vivos and testamentary bequests or gifts, it is up to the individual giving the gift as opposed to the recipient as to whether or not they are justified in fair. I would suggest a frank discussion with your parents. The distribution of their assets is totally up to them.
    Answer Applies to: Michigan
    Replied: 5/5/2014
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    Perhaps they are being unfair, but they have full right and ability to give any of their assets during their lifetimes to whomever they would like. If your parents' Wills state that upon their death, assets will be distributed equally to you and your 3 brothers, then you'll get 1/4th of whatever remains in their estates at the time of their deaths.
    Answer Applies to: Michigan
    Replied: 5/5/2014
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