Due to precautions related to covid-19, we have expanded our options for remote consultations. please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.
Toll Free: 800-645-2911
Phone: 937-608-9398
Focused and Effective Representation

What do you owe kids and grandkids in your estate?

When it comes to planning your estate, most people want to ensure that their kids and grandkids are provided for after they pass. Leaving assets to your family can help them maintain financial security, and if you are passing along heirlooms, it can preserve memories in the family, too. Sometimes, however, you might wonder how much—if anything—you are obligated to leave to your family members.

There are a few things you should take into consideration when you are drafting your trust or will. Regardless of your motivation, there are several valid reasons you may elect not to include your kids or grandkids, but you should keep the following in mind if this is the route you choose to take: 

Gift taxes may apply

According to Time, some gift taxes may be applicable to gifts that exceed a certain cash value. This means that if you leave your child or grandchild an asset of great value. such as a home, she or he may face heavy tax penalties to pay out of pocket. This varies from state to state, but it may mean that leaving an asset of high value directly to your children is not the wisest course of action.

You are not obligated to include kids

There is no legal mandate indicating that your kids, grandkids or any other family member must be included in your will or trust. If you wish to leave your assets to an unrelated person or to other family members, this is your prerogative, and you are free to do so. In such cases, however, it is vital that you establish a will to make your wishes absolutely clear.

Kids and grandkids should be named

If you are deliberately excluding certain family members from your estate plan, you should be as specific as possible in making your intentions known. To this end, your estate should include explicit mention of the family members so that they cannot later claim a mistake was made.

No Comments

Leave a comment
Comment Information
  • Ohio State Bar Association | Connect.Advance.Succeed
  • Federal Bar Association | ORG Jan 5th 1920
  • Dayton Bar Association 1883
  • Super Lawyers
Email Us For A Response

Tell Us About Your Legal Need

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

7810 McEwen Road, Suite B Dayton, OH 45459 Toll Free: 800-645-2911 Phone: 937-608-9398 Fax: 937-461-5981 Dayton Law Office Map

Review Us