can we take money away from a benficary who owed money to our mom

Get Legal Help Today

 Secured with SHA-256 Encryption

can we take money away from a benficary who owed money to our mom

Our mom passed away in May 2017 one of our brothers borrowed 20,000 from our mom only paid her 950.00 can we subtract that from his portion

Asked on July 21, 2017 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the estate has not yet been wrapped up, the executor may be able to sue since the estate can enforce debts owed to the decedent. So long as there is proof that the money given by you mother to your brother was a loan, then the executor can take action to try and recover it for the benefit of the estate. Actually, not to do so could constitute a breach of their "fiduciary duty". 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you may not: doing so would be illegal (a breach of fiduciary duty if the executor did so; theft if someone else simply took the money). What was loaned to, given to, etc. someone pre-death has no bearing on how the money is distributed after death. Your mother could have put in her will that this brother would receive less if the loan was not paid off; however, she did not do that, so he gets whatever the will says he does.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption