QUESTION
What do I do if I disagree with being the sole beneficiary of my mothers estate?
Asked on May 06th, 2011 on Estate Planning - New York
More details to this question:
My mom was recently put on hospice care and I believe the end is fairly near. Some years ago she made a will and made me her executor of her estate, medical and financial. Her will states she wants me to receive everything. I don’t wish to cut my sisters out completely as they are the only family I will have after my mom passes. My sisters are aware of my mom’s wishes and have neglected the whole situation. I told them I would split three ways equally when the time is correct, and I will, however they still continue to avoid my mother. I don’t know how to motivate them as their absence hurts my mom. I have taken care of her for the past 11 years with little assistance from them, I realize I could just keep everything, but that’s not my wish. Help please
2 ANSWERS
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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The Will governs the distribution of the estate; there are a couple of things you can do.
1. Accept the estate and give your sisters their share but this may have tax consequences. Consult with an attorney.
2. You sisters can file a friendly challenge to the probate and you can all stipulate to a settlement, which has the advantage of being an estate distribution, not a gift from you to your sisters. More time and expense in the probate, lower likelihood of adverse tax situation.
Answered on May 10th, 2011 at 10:37 AM
Theodore W. Robinson
You've already answered your own question. You've informed them that you'll share the estate with them. That's all you can do. If they don't respond by visiting your mother and it hurts her, you may want to reconsider your kind offer to them. Otherwise, keep your promise - because you want to and you feel it's the right thing to do, but don't expect any different treatment from them towards you than they gave to your mother. They may have emanated from the same mother, but they may be very different people than you. My sympathies for your impending loss. Remember, love is the only thing that is real and it doesn't go away just because your mother's body dies. Her love will remain with you forever. Good luck.
Answered on May 09th, 2011 at 12:32 PM