can we take money away from a benficary who owed money to our mom
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can we take money away from a benficary who owed money to our mom
Our mom passed away in May 2017 one of our brothers borrowed 20,000 from our mom only paid her 950.00 can we subtract that from his portion
Asked on July 21, 2017 under Estate Planning, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If the estate has not yet been wrapped up, the executor may be able to sue since the estate can enforce debts owed to the decedent. So long as there is proof that the money given by you mother to your brother was a loan, then the executor can take action to try and recover it for the benefit of the estate. Actually, not to do so could constitute a breach of their "fiduciary duty".
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you may not: doing so would be illegal (a breach of fiduciary duty if the executor did so; theft if someone else simply took the money). What was loaned to, given to, etc. someone pre-death has no bearing on how the money is distributed after death. Your mother could have put in her will that this brother would receive less if the loan was not paid off; however, she did not do that, so he gets whatever the will says he does.
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