Follow Andrew Linkedin Twitter Facebook
Email Andrew Email
Legal Issues
May 19, 2017

The Five Heirs Who Shouldn’t Inherit Assets Directly

Sponsored Content provided by Andrew Olsen - Elder Law Attorney, CSH Law

When people die without a will, the state’s intestacy laws dictate which heirs will inherit from the deceased person’s estate. Without a will, these heirs stand to inherit outright both personal belongings and money.  Even with a will, a testator can decide which heirs inherit from the estate, but if there is no contingent trust set up for certain heirs, a financial inheritance can adversely affect these heirs. 
 
The following five kinds of heirs are people who probably should not inherit large sums of money outright—either through a will or through the intestacy laws:
 

  • Disabled spouses and children with special needs. Spouses who are disabled will, at some point, qualify for public benefits, such as Medicaid or Social Security Disability, as a result of their condition. There is a realistic probability that if these disabled spouses inherit money, their eligibility for public benefits could be jeopardized. Potentially, even a small inheritance could result in the spouse losing the public benefits. Similarly, as with disabled spouses, minors with special needs may also be eligible for certain government benefits due to their condition. With these kinds of heirs, an inheritance may adversely affect their eligibility for certain financial assistance or else puts these heirs in a financially compromising position at an early ag4.
  • Minors. Minors cannot inherit from an estate until they are legal adults. And for good reason, because minors are not usually in a position to handle money responsibly.  Without prior provision for a trust for underage beneficiaries, any inheritance will have to be paid to the clerk of court with no guidelines for how to spend money to assist the minor.
  • Heirs with creditors. Certain kinds of people are known credit risks. These are people who have filed for bankruptcy before. These are people with poor credit ratings. These are people who may own financially adverse businesses like construction companies. Spendthrifts are heirs who have no business inheriting large sums of money outright due to the potential for the entire inheritance to be lost due to reckless spending.
  • Heirs with dependency problems. People who are addicts and dependent on drugs or alcohol are generally not ideal candidates to inherit money outright. Potentially, an inheritance could be spent in a matter of weeks or days by some addicts.
  • Children with rocky marriages. If a testator’s adult children are in troubled marriages, a new inheritance might be incentive for the child’s spouse to consult a divorce lawyer and lay claim to the inheritance. Here, there is potential for the inheritance to be split with a child-heir’s ex-spouse.
While these kinds of heirs may not be ideal candidates to inherit money outright, they should not be written out of an estate plan entirely. The best way to protect an inheritance for these heirs would be through a well-drafted trust based on the circumstances.
 
A trust permits the trustor to control the purse strings by setting forth certain criteria for the heirs—called trust beneficiaries—to inherit or receive money. Trusts can be included in a will as a contingency or can be executed while the trustor is alive.
 
Well-drafted estate planning documents and a consultation with an attorney who specializes in elder law or estate planning can address specific concerns with heirs.

Andrew Olsen is an attorney in the CSH Law Elder Law Practice Group in Wilmington, NC, where he practices in the areas of elder law, estate planning probate, guardianship, alternative dispute resolution, estate and trust litigation, special needs planning and veteran’s benefits. To contact Olsen, call (910) 777-5733 or email him at [email protected].
 

Ico insights

INSIGHTS

SPONSORS' CONTENT
Morton300x300

Community College in Action: A Success Story

Jim Morton - Cape Fear Community College
Whalinheadshot11

Building the Right Kind of Capacity for a Growing Region

Laurie Whalin - Novant Health
Ttheadshot300x300 3262621246

What Will Your Family Really Inherit?

Tyler Thomas - The Cypress Group at RBC Wealth Management

Trending News

Ashworth Joins Mincey Bell Rhoades Law Firm

Staff Reports - Sep 15, 2026

Brunswick County Planning Board To Consider 450-home Development Plans

Cierra Noffke - Sep 14, 2026

Pipe And Valve Distributor Opens Wilmington Branch

Staff Reports - Sep 15, 2026

Wilmington-area Companies Named Finalists For NC Tech Awards

Cierra Noffke - Sep 15, 2026

Southport-Oak Island Chamber Announces Summer Awards

Staff Reports - Sep 15, 2026

In The Current Issue

Habitat Chapters Expand, Explore Merger

“If the merger is eventually approved, it could be a significant boost to our collective ability to serve individuals in need of safe and a...


OPINION: A Look At What Nonprofits Need To Succeed

S. Fletcher Daniels writes, "Nonprofits work at the intersections of complex social issues, so there isn’t a single 'bottom-line' metric lik...


Nonprofits Stretch To Meet Food Needs

Rising food costs have hit low-income families particularly hard, a nonprofit organization official said, while cuts and other changes to th...

Book On Business

The 2026 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

2024 Power Breakfast: The Next Season