Tell sibling about inheritance law?

[Anonymous]

Anonymous wrote:Absolutely tell sibling. Have sibling get a lawyer to help him protect his money. Maybe, he could set up a trust so she could not touch it. Do not write out checks until this matter is settled. You are a wonderful sibling to help him with this matter. You parents are smiling down on you! Tell him immediately! When all is settled, please give a follow up. Good Luck.

What he/she said.

[Anonymous]

Anonymous wrote:

Anonymous wrote:With the usual caveats that this anonymous post should not be considered legal advice and no attorney-client relationship is being created...

In Virginia inherited property not intended for both spouses is generally considered separate property (ie not marital property), but there are circumstances that can alter that. DC has a similar approach. There are no community property states in the DMV area. Those states are out west. You might be thinking of the concept of commingling. Commingling inherited property depending on the state and the actions taken might change the separate status of inherited property. This is a really complicated area with some state specific pitfalls. As an executor you have to be mindful of your fiduciary duties. Since there are large inheritance checks involved, perhaps there is an estate attorney involved that you could ask about your concerns? You may consider telling your sibling that they should check with an attorney before their funds are disbursed. You should probably avoid trying to advise them (potentially incorrectly) on inheritance law especially since the situation is complicated by the specter of divorce. It sounds like a really tough situation for you and your sibling. Best of luck.

OMG a sensible well thought out articulate post. This has to be a first for DCUM

Oh now, that's not true! I saw that other one that one time.

[Anonymous]

Tell him. Or bring in a lawyer and have him or her write him an opinion letter presenting options for taking possession, including characterization of assets. This is your fiduciary duty. If you don't do this, he could sue you. Technically.

[Anonymous]

Explain it to all of them, at once, when you're all together. Ideally. State the facts. Don't give advice.

[Anonymous]

Anonymous wrote:With the usual caveats that this anonymous post should not be considered legal advice and no attorney-client relationship is being created...

In Virginia inherited property not intended for both spouses is generally considered separate property (ie not marital property), but there are circumstances that can alter that. DC has a similar approach. There are no community property states in the DMV area. Those states are out west. You might be thinking of the concept of commingling. Commingling inherited property depending on the state and the actions taken might change the separate status of inherited property. This is a really complicated area with some state specific pitfalls. As an executor you have to be mindful of your fiduciary duties. Since there are large inheritance checks involved, perhaps there is an estate attorney involved that you could ask about your concerns? You may consider telling your sibling that they should check with an attorney before their funds are disbursed. You should probably avoid trying to advise them (potentially incorrectly) on inheritance law especially since the situation is complicated by the specter of divorce. It sounds like a really tough situation for you and your sibling. Best of luck.

It’s in California so it becomes communal property if it’s deposited into a joint account.

[Anonymous]

OP again. Other siblings are familiar with how this law works here in California regarding commingling inheritance money. This one sibling is obviously clueless when it comes to these matters. The ONLY reason I hesitate in telling him is the fact that it’ll embarrass him to talk about his marriage problems.

[Anonymous]

Anonymous wrote:OP again. Other siblings are familiar with how this law works here in California regarding commingling inheritance money. This one sibling is obviously clueless when it comes to these matters. The ONLY reason I hesitate in telling him is the fact that it’ll embarrass him to talk about his marriage problems.

I am the lawyer in my fa,ily and my siblings do not have marital problems but I still have told them this on a couple occasions when we are discussing my parents tax and estate issues. Tell him to talk to a lawyer about the laws specific to his state but that this is generally how it works.

[Anonymous]

Anonymous wrote:OP again. Other siblings are familiar with how this law works here in California regarding commingling inheritance money. This one sibling is obviously clueless when it comes to these matters. The ONLY reason I hesitate in telling him is the fact that it’ll embarrass him to talk about his marriage problems.

Provide everyone with the same info. It doesn’t matter if some already know it.

[Anonymous]

No, absolutely not.

[Anonymous]

Are you sure that the money will become joint property. Usually that is not the way a trust is set up.

[Anonymous]

Yes. Tell sibling when wife can't hear.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP again. Other siblings are familiar with how this law works here in California regarding commingling inheritance money. This one sibling is obviously clueless when it comes to these matters. The ONLY reason I hesitate in telling him is the fact that it’ll embarrass him to talk about his marriage problems.

Provide everyone with the same info. It doesn’t matter if some already know it.

This. Don’t single out the one sibling. Make it clear that you’re giving everyone the same advice.

[Anonymous]

Anonymous wrote:Are you sure that the money will become joint property. Usually that is not the way a trust is set up.

Yes, here in California it’ll become property of both spouses equally the second it’s commingled in a joint account. Also, I don’t need to talk to my other siblings about this simply because we’ve already talked about and the affects to this one sibling with the marriage problems.

I like the idea of suggesting he talk to an attorney just so he gets an unbiased answer. Either way he’ll know why I’m bringing it up in the first place.

[Anonymous]

* Sorry for the typo

[Anonymous]

Anonymous wrote:

Anonymous wrote:Are you sure that the money will become joint property. Usually that is not the way a trust is set up.

Yes, here in California it’ll become property of both spouses equally the second it’s commingled in a joint account. Also, I don’t need to talk to my other siblings about this simply because we’ve already talked about and the affects to this one sibling with the marriage problems.

I like the idea of suggesting he talk to an attorney just so he gets an unbiased answer. Either way he’ll know why I’m bringing it up in the first place.

The reason people are suggesting you tell them all is so that you don’t single out the one sibling and make things awkward. Avoiding the awkwardness appears to be your goal, if I am reading you correctly.