I have two sons, but only one of them has anything to do with our family business. Can I leave it all to him and give my second son nothing?

There are many reasons parents may decide to leave their children with unequal inheritance. Regardless of the reason, an unequal division of parental assets can have far-reaching financial and emotional consequences.

For example, say Marcia has two sons: Jerry and Jared. Jerry has worked for the family business for decades. Jared, on the other hand, moved across the country and has nothing to do with it. Now, Marcia is making an estate plan. She really wants to give the business and all of her assets to Jerry, but she’s not sure whether she can or should do that.

The good news is that experts agree Marcia has the right to make that choice. However, they also warn it could lead to resentment and problems, not just in her relationship with Jared, but also in how Jared and his brother get along in the future. Marcia must consider that when deciding what’s best.

Marcia’s legal rights

If Marcia decides to transfer ownership of everything to Jerry and leave Jared out entirely, there’s likely nothing to stop her. “A parent can leave their assets, including a business and a home, to whomever they want. Adult children have no right to inherit,” Dolina Lascaze, principal and founding attorney at Lascaze Law, told Moneywise.

Not only does Marcia have the right to leave the business to Jerry, but doing so might also be the smartest move.

“Leaving equal ownership to two children when only one had the experience, interest, or ability to run the business can create conflict and jeopardize everything the parents have spent a lifetime building,” Lori Ashmore Peters, managing attorney for estate planning and probate at The Ashmore Law Firm, told Moneywise.

As Peters explained, Marcia’s goal isn’t just to divide up assets — it’s to protect the company. While Jared may not like it, keeping the company in capable hands could take priority over any hurt feelings.

If Marcia is worried about Jared being upset, Daniel Howard, a family law attorney at van der Veen, Hartshorn & Levin, told Moneywise she should think carefully about “whether the other child should receive different assets to help balance the inheritance.”

Leaving Jared something could not only lessen the sting, but it could also help protect Jerry’s inheritance, according to Luciano Oliveira, managing partner of Oliveira Lawyers.

“The real risk is leaving his brother nothing, because a son with nothing to lose has every reason to sue,” Oliveira told Moneywise. “Leave him something meaningful and add a no-contest clause.”

If Marcia doesn’t want to do that and just wants Jerry to inherit, Howard recommends that she “work with a succession planning attorney” to help ensure her wishes are respected. This work should happen early and may require an unconventional approach.

“Plan outside probate,” Lascaze advised. “Probate is a public court proceeding with a built-in objection process and that is where a disappointed child files a contest. Keep the assets out of it.” A comprehensive estate plan — and help from a skilled attorney — can often make that possible.

Marcia’s decision could create problems for the brothers

Although experts agree Marcia has broad discretion in deciding who should inherit her company and assets, she also needs to consider the emotional ramifications of her choice. Experts warn that disinheriting Jared could do serious long-term harm.