Reply to MIL’s will has left kids fighting

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[quote=Anonymous]The car loan does not need to be paid off. The two grandkids named inherit the car, and the loan. Right?  Sell the car, pay off the loan, and distribute whatever is left to the grandkids.

That's one thing done.

The life insurance does not pay off any creditors. That money goes directly to the named beneficiaries. Done.

The SS check.  YOu said "And the balance of the checking account will go down because [b]MIL received a social security check just before she died.[/b] So that will need to be paid back."

Double check that. If she was alive when the check hit her bank account, I think it's hers. Explanation here: 
[url]https://www.aarp.org/retirement/social-security/questions-answers/returning-social-security-payment.html#:~:text=Social%20Security%20benefits%20are%20paid,receive%20benefits%20for%20that%20month.[/url]

"Say your spouse received her benefits on May 9 and died on May 30. Her family or her estate is entitled to keep the payment that arrived on May 9 because it was for April’s benefits. In fact, they would be entitled to keep that money even if she had died the day before it arrived — again, because that payment was for April’s benefits. But her survivors are not entitled to keep the May benefit scheduled to arrive in June, even though she was alive for all but one day of May. She was not alive for the entire month, and for benefit purposes that is the determining factor."

Retirement Account that DS2 drained - if it was with his mom's permission, there's not much you can do about it. But you need to know if taxes or penalties are due from the estate on those. I think this issue is the trickiest legal one, because really DS2 should pay those taxes.

After all the above, I would sell the family land and use the proceeds to pay the lawyers fees, any taxes owed, and the credit card debt. The remaining money if any goes to the listed heirs. DS2 SHOULD be excluded from this inheritance but there's probably no legal way to do it.

Let the DD1 have the house. It's the right thing.

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