Tell sibling about inheritance law?
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Anonymous
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I’m the executer of a trust and will soon be giving out large inheritance checks to my siblings. One of these siblings is stuck in an unhappy marriage with a nut of a wife who refuses to seek help. Basically it’s a nasty marriage.
For the record, everyone including my now deceased parents can’t stand her. Financially this sibling can’t afford a divorce but this inheritance now makes it possible to finely be happy. Like in most states, this inheritance money will become community property the second it gets put into a joint account. This sibling isn’t aware of how this law works. If you were me would you explain this when you give the money out or would you mind your own business? For the record, I think my deceased parents would have liked it disclosed. |
Anonymous
| Disclose it! |
Anonymous
| Yes, of course you should tell |
Anonymous
| Er yeah, why wouldn't you? |
Anonymous
| 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. |
Anonymous
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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. |
Anonymous
OMG a sensible well thought out articulate post. This has to be a first for DCUM |
Anonymous
x1000 Well done, first poster, well done! |
Anonymous
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Hi OP, not a lawyer but come from a family of many lawyers. My brother has been managing my father's estate for several years as my father is getting old and less competent.
Long story short, my father gave us $250K when my mother died. All of us co-mingled. Following month my younger sister's husband left her after 35 years of marriage. He got 1/2 of my sister's inheritance from our mother. That sort of brought this issue home for us. So we all opened accounts in our names only and now put any checks received from my Father's estate into those accounts. TLDR -- YES OP do tell your siblings and recommend they do not co-mingle as one never nows. |
Anonymous
| *knows |
Anonymous
| Of course!! I would have a lawyer available to tell them the law before they get the money. Instead of a check, you can direct her to open a brokerage account in her name only so that it will not be commingled. |
Anonymous
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OP, could you shed some clarity on why you wouldn't at least casually mention that, "by the way, if I put these funds in a joint account, it might work out differently for your level of control than if I put them in an account with your name only. Did you want to talk with a professional for some advice before we sort this out?"
Like, are you angry at your sibling and looking for a justification why you might not have to say something, so your can still feel righteous? Or were you actually the sibling, and you're looking to pile on the executor for what was (not) done for you? This makes no sense. |
Anonymous
(Clap, clap, clap) OP, I hope this money can be the lifeline for your sibling to live a happier life. I’m sure your parents would have wanted that. |
Anonymous
| Whatever the law is, just disclose it across the board to all siblings. It may be irrelevant for the others, but that way you're handling everything in an equal way. |
Anonymous
| Get legal advice and tell all siblings. |