Can the money that my brother owes my mom, be deducted from what he will receive upon her death?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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.