Those with children tend to prioritize their progeny when establishing estate plans. Many parents take the simplest and most direct route to distributing their assets. They leave instructions to divide their estate evenly among their children after setting resources aside for certain other beneficiaries.
That approach is certainly efficient during the planning stage and is less likely to lead to resentment during the probate process. However, it is not necessarily an accurate reflection of family circumstances. There are many reasons why parents creating or updating their estate plans might want to leave an uneven inheritance for their children.
Maybe one of their children no longer talks to them or has struggled with addiction. Perhaps two of their children have stepped up to act as caregivers as they have aged while another does not offer any meaningful support. Can parents in New York legally distribute their assets unevenly among their adult children?
Testators have control over their resources
An equal distribution among child benefit series is the standard approach if someone dies without a will. The New York probate courts overseeing the administration of an intestate estate must follow state statutes. All of the children of the decedent have an equal interest in the estate.
In cases where someone creates testamentary documents, they can deviate from the rules for intestate estates. Technically, children do not have a statutory right of inheritance when a parent establishes their own estate plan. It is the parent’s goodwill and generosity that allows their children to inherit from the estate.
They can choose to leave far more or far less for one of their children than for others. They generally do not need to justify those decisions in their testamentary documents. In some cases, such as when they fully disinherit one child, they may need to acknowledge that decision in writing or make a point of bequeathing the disinherited child an asset worth a minimal amount as a way to avoid a challenge against their estate after they die.
Learning more about New York’s estate planning and probate statutes can benefit older adults thinking about their legacy. Those who want to leave an uneven inheritance for their children may need to plan especially carefully to prevent conflicts after they die.