Can the money that my brother owes my mom, be deducted from what he will receive upon her death?

My mom is a 87 year old widow. My 55 year old brother has been living with her for the last 3 years and she has been supporting him ever since. She pays for his child support, cell phone, truck repairs, insurance, gas etc. etc. etc., to the sum of about $30,000 plus. If we document what she has spent on him, can that amount be deducted from his half of the assets that he will receive apon my mom’s death?

Asked on February 21, 2016 under Estate Planning, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot deduct these amounts from what your brother will otherwise receive unless and only if your mother has a will which specifically states that anything she paid for him (i.e. the amounts which can be documented) or some set or fixed amount will be deducted from his share. That is because only a valid will can control or affect the distribution of assets after death.

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