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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 46185
Experience:  29 years of experience practicing law, including tax and estate planning.
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As the Executor of my moms estate, is it appropriate to give

Customer Question

As the Executor of my mom's estate, is it appropriate to give my brother a "To Whom It May Concern" letter stating the current share of his inheritance so he can use it as collateral for a loan?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. There would be nothing improper against writing such a letter, but you would want to condition the amount based upon: i) the estate is still under administration and all liabilities and debts of the estate (including adminstration costs) and/or decedent may not yet be known; ii) the fact that until such time, no distributions of the estate to beneficiaries will be made; and iii) that the letter is simply an estimate of the beneficiary's inheritance and that such estimate shall in no way give any recipient of the letter any right or claim against the estate itself or the executor as the result of this letter.


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Customer: replied 1 year ago.


My concern is that he's in debt and may use the letter with many sources and put the Estate at risk.

Expert:  Richard replied 1 year ago.
Thanks for following up. You have no legal obligation to sign or deliver such a letter. In this situation, I would simply refuse to provide it.
Richard, Attorney
Category: Estate Law
Satisfied Customers: 46185
Experience: 29 years of experience practicing law, including tax and estate planning.
Richard and 3 other Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
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