Reply to MIL’s will has left kids fighting

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[quote=Anonymous][quote=Anonymous]OP here- was feeling pretty good about plan to minimize drama and support executor.

Now executor has reported that DS2 drained the retirement account before MILs death. Legally this seems like a totally separate issue from the estate since MIL was alive and allowed this. Practically speaking it has really increased the anger amongst the siblings as this will likely mean everything has to be sold to settle debts.  [b]It is almost like MIL wanted there to be drama amongst siblings. [/b]I feel like I am watching a slow motion train wreck. Ugh.[/quote]

No, she simply spoiled her baby boy. I bet she had been doing it his whole life. And he isn't going to want the gravy train to stop now.

It does seem likely that the assets will mostly have to be sold to pay debts. And DS2 is going to whine and complain the whole time.

I don't know what sort of relationship your husband has with his sister - DD1 who took care of MIL - but from my perspective if I was worried about her having a place to live and I was financially able, I would consider supplying the fair market value/appraised amount of the house to the estate so the sister could stay in it.

The normal estate procedure would be add up the bills and then add up the assets. The assets will be sold or can be appraised for their fair market value and then offered to the heirs at that value if they pay the estate. But I don't know how the assets are prioritized for sale if it's expected that there will be assets in excess of the debts. Obviously DD1 and DS2 have an interest in their properties remaining as part of the estate for disbursement, but I don't think that can happen unless all the named heirs agree.[/quote]

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