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Retirement Planning
If a younger sibling is being disinherited, it's best to have a frank conversation beforehand. Rawpixel/Envato

I want to leave more money in my will to my struggling son than to my wealthy daughters. Is this fair, or will it tear them apart?

When parents divide their estate unevenly among their children, that's called an unequal bequest. This type of inheritance plan is fairly common, with over a third of parents with a will planning to divide an inheritance unequally among multiple children.

Often, parents choose this approach because they're part of a blended family or because of estrangement. But there are situations where parents have other motivations, including a desire to help a child who may need more support.

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Let's say, for example, that Susanna and Carl have three children: two daughters who are married with good jobs and stable finances, and one divorced son who is struggling. Susanna and Carl want to leave more money to their son Nicholas, but are afraid their daughters, Maria and Jeanette, will be upset.

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So, what should the couple do in this difficult situation?

Is it OK to leave more money to a child who is struggling?

First and foremost, Susanna and Carl will have to decide if they truly feel it's fair to provide more for their son than their daughters.

"It's completely normal to want to ensure your son has enough to live comfortably," Evan Farr, a certified elder law attorney, told Moneywise. If Maria and Jeanette already have their needs met, Susanna and Carl may feel their money is better spent giving Nicholas a chance at financial security rather than just giving their daughters extra cash to put in the bank.

Of course, this doesn't mean their choice won't create a problem, especially if Jeanette and Maria worked hard to get wealthy or if the girls believe an inheritance reflects each child's position in the family and isn't meant to ensure all the children end up financially stable.

Some of this could depend on why Nicholas is struggling. If Nicholas has precarious finances because he has serious health issues, for example, that's a very different situation than if he's simply refused to get a job or has spent wastefully.

In the former situation, Farr suggested that perhaps the distribution of wealth could be structured differently, if not necessarily unequally. For example, he suggested that the parents could give Nicholas some cash upfront to invest or buy a house, while also creating trusts that allow all the children to inherit after their parents' deaths.

In the latter situation, if Nicholas is irresponsible, then rewarding him with a larger inheritance may not make sense. And if Susanna and Carl decide to give Nicholas money despite a history of bad choices, it will become especially important to put the money into a trust so the funds aren't wasted.

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A conversation with the daughters can be important

While deciding whether to leave Nicholas more money is a judgment call that Susanna and Carl will ultimately have to make, a conversation with their daughters could help them both decide what to do and avoid hurt feelings if they decide to provide Nicholas with a larger sum.

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"I think such a decision can be defensible and, in some cases, it can be completely right," said Arkadiy Volkov, the clinic director of Feel Your Way Therapy. "Something to think about and what can determine if it is damaging or not, is not the mathematics of it all, but the communication."

Volkov explained that "There's a huge difference between hearing about this decision from their parents versus a lawyer," and that "The decision is different when the parent has passed away, because there is no one left to ask. The silence leads to the worst interpretations. This interpretation is not about money. I feel instead it will be something like, 'He loved you more than me.' That's hurtful."

Volkov acknowledged that a conversation now could be uncomfortable, but he still believes the parents must communicate with their daughters. They need the daughters to know the unequal bequest is motivated solely by a desire to help Nicholas. And while they should make clear it's their decision, they should also be open to disagreement and encourage the daughters' honesty.

If Maria and Jeanette are OK with Nicholas getting a larger piece of the pie, that makes the choice easier for Susanna and Carl — especially if Nicholas just needs help getting back on his feet because his struggles stem from bad luck, not bad behavior. And, if that's not the case, they may want to rethink their choice.

As Volkov said, "If the children's relationship is fragile or the son's struggles can be made worse, then equal division would be the wiser avenue."

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Christy Bieber Freelance Writer

Christy Bieber has 15 years of experience as a personal finance and legal writer. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.

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