If my estate is divided equally between my 3 children, can I specify the inheritance less a dollar amount that is owed to me by one of the children?

Asked on August 19, 2015 under Estate Planning, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can specify anything you wish in your Will so long as it does not go against the laws in your state.  You can state the issue in another way by naming the loan to the child and stating that it must be paid back and that it can be paid from the proceeds of their share of the estate.  I would ask a lawyer in your state for the correct wording. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.