Is Being "Equal" Actually Unfair? The Inheritance Trap

Dan McKenzie • April 10, 2026

Many of the parents we work with in Colorado have one simple goal: treat the children exactly the same. On paper, giving each child an equal share of your estate seems like the right thing to do. You love them equally, so the money should be equal, too. Right?



However, as an estate planning attorney, I often see how "equal" can lead to deep-set resentment.

The Caretaker Gap

Think about your family. As you get older, it is common for one child to take on more responsibility. We often see one sibling step up to handle the "heavy lifting." This might mean managing doctor appointments, helping with daily physical care, or even putting their own career on hold to ensure you are safe and comfortable.



This kind of care is a full-time job. It is physically and emotionally exhausting.

Why "Equal" Can Feel Like a Burden

Imagine a scenario where one of your children spends years caring for you, while the other siblings are less involved due to distance or busy schedules. If your will simply says, "Divide everything into equal shares," that caretaker child might feel forgotten.


When the time comes to settle the estate, that child realizes they are receiving the exact same amount as a sibling who wasn't there for the difficult days. In their eyes, they weren't just a child; they were a caregiver who sacrificed their time and income. Without a plan that recognizes that effort, "equal" can feel like a slap in the face.

Planning with Clarity and Heart

Our most successful clients aren't just looking for "simple" documents. They want a plan that reflects the reality of their family's lives. They want to provide certainty so their children can remain close after they are gone.


If you haven't updated your will in over five years—or if you don't have one at all—it’s time to look at the big picture. You have worked hard to build your legacy. You’ve coached the teams, saved for the college funds, and planned for every "what if." Don't let an "equal" division create a divide between the people you love most.


We are here to help you navigate these tough questions. Let’s sit down in our office and create a plan that provides true protection and peace of mind for your family.


If you think it might be time to think through your estate plan, you can:


  1. Call at 720-821-7604 to schedule an "Attorney Evaluation Session" to determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
  2. Visit our estate planning page to learn how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
  3. Learn more by reading our blog or watching our videos.


By Dan McKenzie August 23, 2026
Discover what per stirpes means in estate planning and how this simple choice protects your children and grandchildren. Learn more from The McKenzie Law Firm.
By Dan McKenzie August 22, 2026
Discover the difference between per capita and per stirpes in estate planning to ensure your family inheritance is distributed according to your true intentions.
By Dan McKenzie August 21, 2026
Discover why naming minor children as life insurance beneficiaries can freeze payouts and force your family into court—and learn how a living trust protects your Denver family.
By Dan McKenzie August 20, 2026
Choosing an executor is one of the most critical estate planning decisions you will make. Learn how to identify the right person for the job in this guide from The McKenzie Law Firm, LLC.
By Dan McKenzie August 19, 2026
Learn what is a conservatorship in Colorado, how court oversight impacts minor inheritances, and how estate planning protects your children’s financial future.
By Dan McKenzie August 18, 2026
Learn what happens to a business partner’s share after death without a buy-sell agreement and how Denver business owners can protect their company and family.
By Dan McKenzie August 17, 2026
Wondering what happens to a business when the owner dies? Learn how Colorado estate planning protects your company, your co-owners, and your family.
By Dan McKenzie August 16, 2026
Discover the best options for leaving money to minor children in Colorado. Learn the key differences between UTMA custodial accounts and trusts to protect your family's financial future.
By Dan McKenzie August 15, 2026
Discover the two main ways to set up a trust for minor children in Colorado, avoid probate delays, and ensure your life insurance funds are managed on your terms.
By Dan McKenzie August 13, 2026
Wondering what does an executor of an estate actually do? Learn the real responsibilities of an executor in Colorado and how to choose the right person.