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.


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