I am executrix of my mother’s estate and had to hire a lawyer to evict my alcoholic sister, canI nowdeduct the cost of all of this from herinheritance?

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I am executrix of my mother’s estate and had to hire a lawyer to evict my alcoholic sister, canI nowdeduct the cost of all of this from herinheritance?

Asked on July 12, 2011 under Estate Planning, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

This question is really best asked to an attorney in your area.  What you may have to do is to sue her for the costs associated with the eviction and get a judgement against her.  Then you can agree to satisfy the judgement from the proceeds of the estate that she would be entitled to receive once everything is said and done. I would not think that you could just deduct it unless she agrees to it in lieu of suit and judgement.  But you may have to actually start a suit on behalf of the estate.  You are the fiduciary and you have to do what you think is right on behalf of the estate.  Good luck. 


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