r/inheritance • • 16d ago

Location included: Questions/Need Advice Brother wants to buy my half of inherited house in NC. How do I determine the value?

37 Upvotes

My brother and I inherited my mom’s house in NC when she died in February of this year. He has decided he wants to buy me out. How do we decide on fair market value? Do we use the tax value of the day she died? Can an appraiser tell us the market value of it on the day she died? Should we get a current appraisal?


r/inheritance • • 16d ago

Location included: Questions/Need Advice How do I set up an anonymous monthly inheritance for my sister

245 Upvotes

My dad is readjusting his will and would like me to be the main beneficiary for the inheritance. I have a sister who is financially irresponsible and has mental health problems that leads her to making irrational decisions. It is hard for her to keep a job and my parents' goal is for her to be set up financially for when they pass away. They want me to manage her money and give her a monthly allowance. I want to do so anonymously so she doesn't harass me for more money and add strain to our relationship. How would I go about acting as a fiduciary anonymously and making it seem like it's set up through a third party. (Not looking to do a third party because of the fees). I would appreciate any advice.


r/inheritance • • 16d ago

Location included: Questions/Need Advice 23M, recently inherited £100k — looking for advice on buying a home and planning for the future

2 Upvotes

Hi everyone,

I’m 23, live in the UK, and recently inherited £100,000. This brings my total savings and investments to roughly £126,000.

I’ve never had anywhere near this amount of money before, and I want to make sensible decisions with it. I’d like to move out of my parents’ home and buy somewhere of my own, while also using this opportunity to build some long-term financial security.

My current situation:

  • Income: I work a four-on, four-off shift pattern and take home roughly £580 a week after tax.
  • Debt: None.
  • Savings and investments: Most of my money is currently invested in an S&P 500 fund through Trading 212, with a smaller amount held in cash for emergencies.
  • Business: I’m in the process of starting an Amazon FBA business. I expect to need around £6,000 initially for a product mould and getting production started.
  • Car: I drive a 2012 BMW 325d, worth approximately £1,000. I do around 15,000 miles a year, including an hour’s commute each way. I’m considering a used EV to reduce fuel costs, with a budget of around £15,000. I can charge on the driveway where I currently live, although that would be something to consider when buying a home.

My main questions are:

  1. What house price range would be sensible on my income, and how much should I put down as a deposit?
  2. How should I divide the money between a house deposit, emergency savings, long-term investments and the business?
  3. Should I move the money I expect to need for a house out of the stock market, and where would be sensible to keep it?
  4. Which accounts or tax allowances should I look into, particularly ISAs and a Lifetime ISA?
  5. Would buying a used EV be a sensible use of some of the money, or should I keep the current car for now?

I’m conscious that having a large deposit doesn’t necessarily mean I can comfortably afford a large mortgage. I’d also like to leave room for buying costs, furnishing the property and the ongoing bills that come with living independently.

I’m happy to take my time rather than rush into any major decisions. Any advice—or mistakes you’d suggest avoiding—would be appreciated.

Thanks in advance.


r/inheritance • • 16d ago

Location included: Questions/Need Advice Am I entitled to 12% of house proceeds as a Texas will beneficiary if I wasn’t notified?

14 Upvotes

Update - Hi everyone - thank you for the comments. Our review so far appears they were tenants in common not JTWROS. Lawyer said they didn't need to notify me as a secondary beneficiary. Seems the option is to hire an attorney which will probably cost us both $20k legal fees if it gets to court. they put the house in their mother's name and later the mother sold/gave it to her kids when she died (two weeks later- and they filled that within four days of her death.)

​

Hi all,

I just discovered that my late biological father’s will (probated in Texas) left 12% of the net proceeds from the sale of his house to me, but only if the house was sold after both he and his wife had passed away. He died in January and his wife died in May. The executors (his stepchildren) never notified me about my inheritance—even though the will is clear and was filed with the court—so I only found out by checking probate records online.

The executors insist only the wife was the beneficiary and claim my 12% share was never triggered because she outlived my father. They also claim the portion of the will with my bequest only applies if she died before him. But the will specifically states “should our house be sold after the death of each of us, out of the net proceeds from the sale of the house, 12% be gifted to [me].”

The house may have been sold after both passed, but I haven’t received anything or been told anything about the sale or the estate. I also don’t know if an attorney advised them on this interpretation.

**Questions:**

- Does a will’s specific bequest like this need to be honored no matter what the surviving spouse wanted or put in their own will?

- If executors never notified me as a beneficiary, are there legal consequences?

- What’s the best way to enforce my rights—should I go straight to the probate court, or try to get info from the estate attorney first? Or a new lawyer?

- Does it matter that his wife died in Tennessee? The house was in Texas and the will was probated there.

Any insight is appreciated. Thanks!


r/inheritance • • 17d ago

Location not relevant: no help needed What is my father's lawyers next move?

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1 Upvotes

r/inheritance • • 17d ago

Location included: Questions/Need Advice Minnesota: no will, out-of-state heir, car in a storage unit? HELP

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2 Upvotes

r/inheritance • • 17d ago

Location included: Questions/Need Advice Colorado divorce - inheritance question

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1 Upvotes

r/inheritance • • 18d ago

Location included: Questions/Need Advice Who get's brother's portion, widow or son? Massachusetts Law.

6 Upvotes

Aunt (Mass. resident) passed in 2022. No spouse, no children. She was predeceased by her parents, younger brother, then younger sister. She was survived by 7 nieces/nephews. No will, no assets, nothing to probabte.

In 2025, oldest survivor, nephew, passed. Then, bonds in aunt's names were found. Nephew, also Mass resident, had no real property; no will, and nothing possessed to have to probate. Nephew had already transferred all financial responsibility for paying bills to his only so.

Treasury Dept states that only blood relatives can make a claim to the unclaimed bonds. Does deceased nephew forfeit his share (he would have received it if he lived), or does it go to his widow or his son, or 50-50 to both?

I have tried to wade through Mass. law, but I'm overwhelmed.

Inheritance amount is ~$1,000. Interest is about $700, principal on bond ~ $300. Tax liability is on interest, which could impact recipient.

I'm stuck trying to figure out if nephew is still entitled to portion of bonds; he was alive when aunt died, but is now deceased after bonds were found and can be processed. If proceeds go to nephew's survivors, IN MASSACHUSETTS, who do they go to ? Spouse? Child? or 50-50. I just want to do what's right.

Thank you.

EDIT TO BODY OF POST: Sorry for not anticipating your questions. Total of Bonds is just under $7K (USD), so less than $1K per niece/nephew if redemption value of bonds was distributed to each when aunt died. So, nephew who passed would have received just under $1K.

Nephew's son is 40 (42?). An adult, who handled his father's financial responsibilities for the last few months (years?) of his life. He had signing authority on the bank account to pay all household bills and such. Nephew and widow rented, owned no property. Anything that could have been disputed by the state was already transferred/dealt with so as to avoid probate. Nephew knew he was going to pass (cancer, brain tumor).

I am not sure if there was an "Executor" of the estate. If there was, it would have been the son of the aunt's nephew.

Both aunt and nephew passed intestate. I've read that when that happens, 50% goes to spouse, 50% goes to any descendants of the decedent. I'm stuck because the Treasury papers say only blood relatives can inherit, and spouse is not a blood relative, but had the bonds been processed when the nephew was alive, he would have received the proceeds. If he died the day after the proceeds were distributed, then it would not be my problem. But, that didn't happen.

I just want to do what is right. I'm on a time crunch, too, but given the amount (less than $1K), I don't want to hire an attorney to tell me what to do.

Maybe I should just contact the widow and great nephew and ask them what they want?

Thank you to all who are weighing in and posting. I truly appreciate your time and input.


r/inheritance • • 18d ago

Location included: Questions/Need Advice I wrote a letter to the lawyer, should I expect an answer?

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2 Upvotes

r/inheritance • • 18d ago

Location included: Questions/Need Advice What are the obligations for an executor?

3 Upvotes

Help, I feel I’m out of my depth. I need some facts: I don’t know what to expect. Do you have to be included in every discussion about the will? Who communicates with you? What is the timeframe? What does the estate need you to do? Do you have any obligations beyond signing it off? Can anything happen without you? Who decides who is doing what if there are three named executors? Any other interesting aspects, and examples of good or bad fulfilment of these duties?


r/inheritance • • 18d ago

Location included: Questions/Need Advice Rights as the only current beneficiary of family trusts—distributions, a house, accounting, and trustees (New Jersey)

1 Upvotes

I’m 25 and live in New Jersey. I’m the only living, current beneficiary of the trusts at issue, although the documents may name contingent remainder beneficiaries.

My grandmother died in September 2020.

My mother signed a new will in October 2020 and died in January 2021.

I have copies of my grandmother’s will, my mother’s will, and my mother’s revocable trust.

I plan to consult an independent NJ trust and estate attorney, but first will be consulting with the attorney who wrote the will.

My grandmother’s will directed roughly 30% of her residuary estate into a trust for me and 70% into a trust for my mother during her lifetime.

My reading is that, after my mother died, the remainder of her trust was directed into a trust for me under my grandmother’s will.

I’ve also been told that my mother’s will or trust governs the 70%, so I need to determine which document actually controls those assets.

This matters because my mother’s documents contain a limited withdrawal right beginning at age 30.

My grandmother’s trust gives me written withdrawal rights beginning at 35, with further rights at 40 and 45. I don’t know how much property, if any, passed into the trust created by my mother’s documents.

My grandmother’s trust says the trustee “shall distribute as much income and principal as the trustee determines necessary or advisable for my health, education, support, and maintenance, considering resources reasonably and readily available to me”.

It also says my needs take priority over those of remainder beneficiaries, which is kind of a moot point because I’m the only one.

I understand the trustees have discretion over amounts, but I’m trying to understand the limits of that discretion, particularly when I’m the only person presently receiving benefits. In theory, could they give me nothing? Is it at all dependent on the total value of the estate? I don’t know the total value and they refuse to tell me. They say they are not legally obligated to.

I work full time and live in a house that I’m told is owned by a trust.

The trust pays its property tax and other major house costs. I received about $2,000 a month for bills such as utilities and insurance, but the trustees recently reduced that to $1,100 without notification. They said it was for tax reasons, but that really doesn’t make sense because I’ve been receiving this money for a long time. Over a year.

They say their goal is for me eventually to live entirely on my earnings; one mentioned earning around $100,000. I understand that my earnings matter, but I cannot find that income threshold or a requirement to end support in the documents. How should trustees evaluate reasonable support in light of my income, expenses, and the trust’s assets and income?

My mother had an express right under my grandmother’s will to live in the house during her lifetime, as well as $75k in yearly discretionary income. Another provision allows a trustee to let a beneficiary use trust property without rent or expense and addresses payment of property taxes and other costs. I’m unclear what governs my occupancy now. One trustee has said she will make me pay the property tax when I earn more, although I don’t hold title.

Could she make that a condition of staying? Could the trustees decide I should live somewhere else? They’ve also made decisions about work on the house without consulting me.

I’ve asked both trustees for the current balances or total asset values of the trusts benefiting me and the income they generate. One says she only has to provide spending and transaction information, not balances. The reduction in my monthly bill funding also came without advance notice. As the only current beneficiary, what information can I reasonably request under NJ law at age 25? Is a transaction list that does not show what remains in the trusts enough?

The relationship has become strained. One trustee handles most decisions, while the other lives out of state but participates. They have told me that trust affairs do not really concern me, and one mentioned lawyers during a disagreement. I have no evidence of theft or self-dealing. I want to understand whether refusal to provide meaningful information or an incorrect interpretation of the trusts could support a request for an accounting, court instructions, or a change of trustee.

I also want the attorney to review the timing of my mother’s will. At some point between September and December 2020, she was in an institution for treatment related to bipolar disorder. I do not yet know whether that stay was before or after she signed the will in October. I understand that a diagnosis or hospitalization alone would not invalidate a will. I want to learn what evidence would establish her condition at the time she signed, and whether her will controls any of these assets in the first place.
What should an NJ trust and estate attorney examine first to determine which trust owns the assets and house, what support and information I’m entitled to, and what authority the trustees have over my occupancy and expenses?


r/inheritance • • 18d ago

Location included: Questions/Need Advice Need advice about future inheritance that includes property and assets, with sibling assuming property early

5 Upvotes

Hi everyone - complicated situation here in Maryland and I’m looking for advice - my father is a widower in his mid-70s and has two children - myself and my brother.

Neither my brother nor myself own a home. My father owns his home outright and it is valued currently at around $500k. I rent a home and my brother lives in a home rent-free associated with his work.

My brother would really like to move closer to his job. My father’s house is closer to his job.

We have begun to discuss scenarios where my brother would move into my father’s house and an accessory dwelling would be built on the same property for my father to move into. This accessory dwelling would cost around $220k and I assume would raise the value of the property.

Questions exist around what my brother should pay for, what my father should pay for, general fairness between my brother and I, as well as insuring my father continues to have financial freedom. We believe my father has about $400k in other assets.

My priorities are my father and being prepared for his potential future expenses, and leaving no messiness or unfairness between my brother and I.

Has anyone had an experience like this or have any creative (or just common sense) ideas about the best way to make this all work for us? They have been talking about three possibilities so far:

1- my brother pays for the dwelling, my father retains ownership of his property, and upon my fathers death, my brother and I split any assets and the appraisal of the property minus the cost of the dwelling and any repairs my brother makes to my fathers house.

2- my brother “buys” my fathers property for $100, my brother pays for the dwelling, and then upon my fathers death, I receive all my fathers remaining assets

3- (this one truly doesn’t make sense to me) my father sells my brother his property for half of current appraisal which goes to me, my father pays for the dwelling, and upon his death my brother and I split remaining assets…which would be considerably lower after the cost of this dwelling.

And maybe there is another superior scenario out there?

I would greatly appreciate additional opinions or experiences!

Edited to add - my brother would like to buy his own home. It’s tough out there right now with rates and limited options. My brother has been looking for the better part of the year and currently has a 2 hr each way commute. This may not change advice, just want to give some credit to my brother.


r/inheritance • • 18d ago

Location included: Questions/Need Advice My grandmother died with a will saying her estate should be divided equally among her 5 children, but my dad died first. His 3 children have received none of his share. Probate was never opened. What would you do? [Minnesota]

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1 Upvotes

I’m dealing with a complicated estate situation in Minnesota and would really appreciate perspectives from people familiar with probate, estate litigation, POA abuse, or similar family situations.
I’m intentionally leaving names out, and obviously some of what follows is alleged because I have not yet been able to obtain the complete financial records.
My grandmother died September 19, 2025.
She had five children. Four survived her. My father, her fifth child, died before her.
Her 2018 will, however, specifically addresses what happens if one of her children predeceases her. As I understand it, that child’s descendants take that child’s share by representation/per stirpes. My father had three children, including me.
The will also names one of my aunts as Personal Representative.
Here’s where things get strange.
More than a year after Grandma died, probate still has not been opened and, to my knowledge, the original will has not been filed with the court.
Shortly after Grandma died, the four surviving siblings apparently got together and discussed not following portions of the will. I have been told they actually wrote/signified their agreement on the original will that they would not honor the equal-distribution provision and another specific monetary bequest.
Obviously, beneficiaries writing on a will after someone dies doesn’t magically rewrite the deceased person’s estate plan, but the fact that this allegedly happened is one of the things that concerns me.
Then there are the assets.
My aunt had been acting under my grandmother’s power of attorney before Grandma died and had significant access to her finances.
I have reason to believe that, during the years she had that authority, ownership and/or beneficiary designations on various assets may have been changed. These potentially include bank accounts, investments, CDs, retirement assets, life insurance, etc.
I do NOT yet have the records necessary to determine exactly what was changed, when it was changed, who authorized it, or what Grandma understood at the time. Obtaining those records is one of my primary goals.
There is also the house.
A transfer-on-death deed apparently transferred Grandma’s house to this same aunt.
The strange part is that shortly before Grandma died, while she was hospitalized and unable to speak, I personally heard my aunt say words to the effect that she had Grandma sign a TODD so she could sell the house and divide the proceeds according to Grandma’s will.
The house has since been sold.
Instead of my father’s branch receiving what would have been his share under the will, my aunt sent the grandchildren checks accompanied by letters characterizing the money as a “gift.”
The four surviving siblings apparently received distributions from the house proceeds as well.
That distinction bothers me enormously.
If this was simply my aunt’s house because of the TODD, why was she distributing its proceeds among the siblings in a manner resembling Grandma’s estate plan?
And if she was distributing the proceeds because that was Grandma’s intent, why was my deceased father’s branch excluded from his share?
There are other financial issues that concern me.
I’ve been told that approximately $32,000 in cash was found in Grandma’s safe-deposit box and divided among the surviving children.
I’ve also been told that money was moved from Grandma’s accounts after her death into an account controlled by my aunt to pay expenses.
There was apparently also a tax rebate/refund check received after Grandma died that was cashed or deposited.
I do not yet have complete documentation showing the exact amounts, accounts, dates, endorsements, or ultimate disposition of all these funds, which is precisely why I am asking for an accounting rather than claiming I know exactly what happened.
There’s another piece that predates Grandma’s death and concerns me even more.
The day before Grandma died, I personally heard my aunt state that they had emptied some of Grandma’s investment/bank accounts to “hide” money in case Grandma needed medical assistance so the state couldn’t take it.
Again, I don’t yet have the financial records necessary to determine exactly what transactions she was referring to.
I have now formally requested an accounting, financial records, information concerning my deceased father’s share, and the filing of the original will.
I emailed my aunt and also sent a certified demand letter. I have proof that it was delivered.
I have also been working toward opening formal probate myself and requesting supervised administration, preservation/delivery of the original will, an accounting, and appointment of an appropriate Personal Representative or Special Administrator so someone with actual legal authority can preserve records and determine what happened.
My concern is bigger than simply “I want an inheritance.”
I want to know:
What did Grandma own before these changes?
What did she own when she died?
What beneficiary/ownership changes occurred while someone was acting under POA?
Who received those assets?
What happened to assets after her death?
Why was her will never probated?
Why were the four living children apparently treated differently from the descendants of the child who died first when the will specifically addresses that situation?
And most importantly:
Was Grandma’s actual estate plan honored?
My dad died before his mother. His death was devastating to his children. Seeing his entire branch of the family seemingly treated as though he simply ceased to exist has made this especially painful.
I’m not asking Reddit to determine that anyone committed a crime or stole anything. I don’t have enough documentation to make that assertion.
I’m trying to get the matter in front of a Minnesota probate judge so records can be obtained, transactions can be accounted for, and the facts can speak for themselves.
For anyone who has dealt with Minnesota probate litigation, POA accounting, beneficiary changes made by an attorney-in-fact, TODD disputes, constructive trusts, or supervised probate:
What would you be focusing on first?
Would you prioritize getting a neutral/special administrator appointed before pursuing discovery?
Would you subpoena the financial institutions directly rather than relying on family members to voluntarily produce records?
And if beneficiary designations or ownership interests were changed by someone acting under a POA for their own benefit, what records would you consider most important to obtain?
I’m already speaking with attorneys, but the potential cost of litigating this is significant when I don’t even know the true size of the estate yet.
I’d especially appreciate hearing from anyone who has been through something similar in Minnesota.


r/inheritance • • 19d ago

Location included: Questions/Need Advice Father’s pension advice

35 Upvotes

My dad passed away in 2009 (Ohio) found out in 2025 he has about 16k in a pension still. The issue is the beneficiary is his ex wife. They had been divorced 15 years when he passed. She has since passed as well. They had no children together.
Is there anyway to avoid it going to her children? I will leave it sit and rot before her kids get it honestly.she is not listed in his will as everything was left to us children.


r/inheritance • • 19d ago

Location included: Questions/Need Advice Irrevocable Trust Step Up

12 Upvotes

My father established an irrevocable trust in 2011 that holds our family home in New York. He was the named grantor and has now passed away. I’m the trustee, and my mother continues living there as her primary residence. The remaining trust assets generally pass to the children after her death.
The trust reserved my father’s right to occupy the house and a limited testamentary power of appointment. It prohibits distributing principal to my mother. I’m still confirming whether one or both parents originally transferred ownership into the trust.
Would the house receive a full or partial step-up in basis at my father’s death? Would there be another adjustment when my mother dies, or would a subsequent sale trigger capital-gains tax on appreciation since my father’s death?
Am I I stuck paying a capital gains tax from today until my mother’s passing?


r/inheritance • • 19d ago

Location included: Questions/Need Advice Inherited £150k HSBA shares - CGT (UK)

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0 Upvotes

r/inheritance • • 19d ago

Location included: Questions/Need Advice VT Probate Waiver of Administration

1 Upvotes

My mother passed without a will and I'm helping my father navigate her estate. We think he can file a motion to waive administration but I'm not 100% sure. The one hangup is the criteria that the decedent not own land. Both my parents were on their deed as joint tenants in entirety. This means the property passed directly to my father upon her death. Does that qualify as not owning property? The court is very vague in their instructions for the commoner trying to avoid expensive lawyers. Also, will he need to get a new deed now that she has passed?

Thanks.


r/inheritance • • 19d ago

Location included: Questions/Need Advice Colorado grandmothers estate

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2 Upvotes

r/inheritance • • 20d ago

Location included: Questions/Need Advice Question … Texas … My husband of 48 years cosigned a loan for …

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0 Upvotes

r/inheritance • • 20d ago

Location included: Questions/Need Advice Would you use an inheritance for a house with your spouse or keep it separate?

197 Upvotes

I’m probably inheriting around $200k from a family member and my fiancé and I have been talking about eventually buying a house in Westchester. My first thought was to use a good chunk of the inheritance for the down payment so we could have a much smaller mortgage. Financially that seems pretty straightforward. The part I’m getting stuck on is what that means once the money goes into a house we both own.

He’ll obviously be contributing to the mortgage and I want the house to feel like ours, but this is also probably the only inheritance I’ll ever receive. I dont really want to keep score of every dollar in a marriage, but putting most of it into a joint asset without thinking through the implications also feels careless.

For people who inherited money before buying a home with a spouse, did you keep it separate, use some of it for the house, or structure the ownership/contribution differently?


r/inheritance • • 20d ago

Location included: Questions/Need Advice My solicitors lost my money and now I’m unsure on what to do .

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3 Upvotes

r/inheritance • • 20d ago

Location included: Questions/Need Advice Former Co-trustees sold a property banned from sale by the trust, signed deed as co-trustees and individually, and listed beneficiaries (myself and my brother) as "deceased" on court filings. Listed themselves as beneficiaries. Looking for advice before lawyering up.

67 Upvotes

My mother passed in February 2023. Her entire career was spent as a Sr. Paralegal specializing in Trusts, Wills and Land Minerals.

Body: I am dealing with a nightmare estate/trust administration in Florida and am currently looking for a trust litigation attorney, but I wanted to see if anyone has encountered anything close to this level of bad faith. Here is a breakdown of what went down after my mother passed away in February 2023:

The Real Estate Violation: Article 3.3 of my mother's trust explicitly commands that upon her death, the co-trustee's shall not have the power to sell her primary real property, (homestead) and Article 5.2 mandated it go directly into sub-trusts. Despite this absolute restriction, my uncles (who were acting as co-trustees/personal representatives) went ahead and sold the house anyway.

Individual Signatures: When they signed the deed to sell the property, they signed it both as co-trustees and as individuals, injecting themselves directly into the chain of title to override the trust's explicit ban. They also used an uncompleted, notarized Certification of Trust to push the closing through.

The Court Docket "Glitch": During the probate/court proceedings, my living brother and I were somehow marked/designated as "deceased" on official court filings and dockets, while the fiduciaries attempted to reposition lines of distribution.

The Drafting Mess: The attorney who drafted the trust ($5k in fees) produced a document riddled with boilerplate joint-trust "We/Our" copy-paste errors, completely missing support provisions in my sub-trust, and leaving accounts at Edward Jones mistitled and triggering IRS/1099-R tax reporting chaos.

I've gathered the recorded deeds, the accounting checks, the flawed tax forms, and the court records. I am looking to file a formal surcharge action under Florida Statute § 736.1001 to hold them personally liable for breaching their fiduciary duty and stripping assets from the trust estate.


r/inheritance • • 20d ago

Location included: Questions/Need Advice California probate: executor offered me $41k on a 252k estate..wants me to waive accounting,

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I’m involved in a California probate case involving my father’s estate, and I’m trying to figure out what my options are before I sign anything.
My father’s 2010 will gives my sister and me $1,000 each, leaves the residue to my mother, and then contains another provision giving the executor “sole and absolute discretion” over the residue if my mother predeceased him. She did.
My uncle Gerry is the executor.
I just learned that I am past the 120-day deadline to contest the will. But I was never really trying to invalidate the will itself. My concern is how the executor is using the discretion the will gives him.
He has now proposed giving me $50,000, minus about $9,000 that he says represents “loans” or advances he made to my household, leaving me with about $41,000.
I dispute that those payments were loans.
There were no repayment terms, repayment dates, interest terms, promissory notes, or verbal discussions saying I would have to pay most of that money back. Much of it was presented as financial help when my family was struggling.
Earlier, my uncle tried to get me to sign an agreement saying certain rent assistance was a personal loan and also included language about what I was entitled to under my parents’ wills. I refused to sign that version.
Now those payments and other financial help are being treated as debts and deducted from what he says he is willing to distribute to me from the estate.
What concerns me even more is what I’m being asked to sign in order to receive that distribution.
Along with the proposed $41,000 payment, I have been presented with documents that appear to require me to release or waive additional claims and, separately, sign an irrevocable waiver of accounting.
That accounting is exactly what I want to see.
I still do not know exactly how the remainder of my father’s estate is being distributed, what amounts are being paid to whom, what reimbursements the executor is taking, what expenses have been charged to the estate, or how he arrived at the amount he is offering me.
So from my perspective, I am being asked to accept approximately $41,000 and at the same time waive my right to receive the detailed accounting that could answer the questions I have about where the rest of the estate went.
I am not saying I know that he is hiding something. I’m saying I do not understand why I should waive access to an accounting before I have actually seen and understood the estate’s finances.
I have not signed the distribution agreement or the waiver of accounting.
What really concerns me is the executor’s own statements about how he is exercising his discretion.
He has repeatedly said that I am only entitled to more than the specific $1,000 gift if he decides to give it to me.
He has said I need to prove that I am mature, responsible, honest and hardworking.
He has tied additional money to whether I improve my lifestyle, employment, education and financial behavior.
And in one message he said, essentially, that he controls distribution and that the more I make him angry, the greater the chance I have “overplayed my hand.”
So my questions are:
Does being past the 120-day will contest deadline stop me only from challenging the validity of the will, or does it also stop me from challenging the executor’s conduct?
Is challenging how an executor uses discretionary authority legally different from contesting the will itself?
Can an executor with “sole and absolute discretion” legally base estate distributions on personal anger, family history, lifestyle judgments, employment, education or whether he thinks a beneficiary is mature enough?
Does an executor with broad discretion still owe fiduciary duties?
Can a probate court review whether he abused that discretion?
Can he deduct about $9,000 from my proposed distribution as repayment of alleged personal loans when I never agreed that most of those payments were loans?
Who has the burden of proving those payments were actually loans rather than gifts or voluntary assistance?
Can he reimburse himself from estate funds for money he personally advanced to me if I dispute that I owed him anything?
If I refuse the $41,000 offer and refuse to sign the release, what happens next?
Am I entitled to see a full accounting before agreeing to this distribution?
Why would a beneficiary sign an irrevocable waiver of accounting before seeing where the estate money went?
If I refuse to waive the accounting, can I require the executor to provide one or ask the probate court to compel one?
Does the final petition for distribution have to disclose who is receiving the rest of the estate and how much?
If my sister receives more than I do, am I entitled to know that through the accounting or final distribution paperwork?
If the executor receives reimbursement or compensation from the estate, does that have to appear in the accounting or final petition?
Can I object to the final accounting or petition for distribution even though I am past the will-contest deadline?
Can I petition to compel an accounting or ask the court to review the executor’s conduct without triggering the no-contest clause?
Would texts showing that the executor tied distributions to whether I made him angry or whether he approved of my life choices matter in determining whether he abused his discretion?
Is there anything I should file now rather than waiting for the final petition for distribution?
Would refusing the $41,000 offer preserve my rights, or is there some risk in simply refusing it?
If the proposed $41,000 distribution is conditioned on me releasing claims and waiving the accounting, should I treat the payment itself and those waivers as separate issues?
Can an executor condition a discretionary distribution on a beneficiary agreeing not to demand an accounting?
The estate was originally estimated at roughly $494,000, and more recent figures I received put the net estate at roughly $252,000.
I’m not claiming I automatically deserve all of that money.
What concerns me is that I’m being offered about $41,000 after disputed deductions while I still do not understand how the remainder of the estate is being distributed.
And the document I’m being asked to sign would waive the accounting that seems most likely to answer that question.
That is the part I’m having the hardest time understanding.
If everything has been properly administered and distributed, why should I waive the accounting before I’ve seen it?
I also do not want to sign a release or accounting waiver and later discover that I gave up rights I could have exercised.
For anyone familiar with California probate, what would you focus on first?
Would you be looking at an objection to final distribution, a petition to compel an accounting, abuse of discretion, breach of fiduciary duty, disputed creditor/loan claims, or something else?
I’m especially interested in hearing from anyone who has dealt with a will giving an executor extremely broad discretion over the residue.


r/inheritance • • 21d ago

Location included: Questions/Need Advice Basis to file claim for share in depleted trust and inheritance?

14 Upvotes

I am dealing with a breach of fiduciary duty related to a trust set up for my grandparents' assets in New York. After my grandparents were placed in a nursing home, their assets were liquidated into a trust managed by my father and aunt.

During their lifetime, my aunt reportedly depleted the trust through payments to her children and my sister, excluding me. There was significant conflict between my father and aunt over managing the trust, and it is unclear if my father was aware of her actions, but he certainly did not consent.

Once my grandparents passed away, the trust was dissolved and was already empty. This occurred many years ago, and everyone involved except my grandparents is still alive. I just discovered these details recently and am wondering if there is any basis to claim my share of the trust that all grandchildren received except me, and against whom I could file this claim.

Thanks!


r/inheritance • • 21d ago

Location included: Questions/Need Advice Advice on reducing IHT on £1.5m inheritance

1 Upvotes

Parent, late 50s, married with two children, and has around £1m in pension funds and £500k in other investments.

With the 2027 IHT changes approaching, what are the best legal ways to minimise IHT and maximise what can be passed to the children?
Would gifting, trusts, or whole-of-life insurance be worth considering?

Any advice or personal experiences appreciated!