Children and Grandchildren Not Entitled to Inheritance

In her will, Leona Helmsley, NY hotel magnate, left $12 million dollars for the care of her dog. She left nothing to two of her four grandchildren, saying ‘the reasons are known to them’.

Even though Helmsley was a philanthropist, bequeathing millions of dollars to charitable organizations, she took a stand when it came to rewarding behavior she didn’t like. Her thinking may have been simple:  “My dog loves me, is good to me, I feel appreciated and loved. Two of my grandchildren treat me badly. They don’t deserve anything. I’ll leave money for the other two.”

There is no law requiring parents to leave their children or grandchildren an inheritance. Blood lines don’t apply in the U.S. or England, the only two countries that practice the legal concept of  ‘testamentary freedom’  – the right to designate who will inherit their estate.

That means children and grandchildren are not automatically entitled to any portion of their parents’ or grandparents’ estate. They receive an inheritance because parents choose to leave it to them. Inheritance lies not in the genes, but in the heart. It's all about the quality of relationship, not family ties.

Estate Planners and Parent Abuse

Parent abuse is a silent problem, widely prevalent but not widely discussed. Most information available about the topic deals with parents who abuse children rather than the opposite.

Parents who are bullied by their adult children have trouble admitting it; they may even deny that there is a problem. They feel depressed, anxious, and ashamed that they “didn't do the right thing” and that’s why they’re being abused.

Many parents put up with the bullying because they don’t want to end a relationship with a child whom they love. Some need their child’s help with care giving. Others fear their child’s unpredictable aggression if they speak up about their feelings.

Estate planners come across these painful situations when parents draw up a will. They often recommend that parents talk openly with children about inheritance plans, explaining their reasons about inheritance distribution. The rationale is that the bully will learn how deeply their continuing abuse hurts their parents or alert them to change their behavior in anticipation of future loss.

This advice feels dangerous to parents who live in fear of the next round of indignity. Odds are that the bullying child will become even more so. It’s sad, but staying silent about inheritance plans is a safety shield for abused parents, a way to regain a sense of dignity and self-esteem.

How much better to find the courage to say to a bully, any bully, “Back off, you’re crossing a line here” while you’re alive. For those whose courage fails them, their message will wait until they die.