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I am helping to settle my Uncle's estate. He had signed the…

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I am helping to...

I am helping to settle my Uncle's estate. He had signed the house and property over to myself and a sister. He had divided up his IRA and designated beneficiaries. He had a will that left everything to myself and three sisters to share and share alike. As with many families, there is one that is unable to manage money. Legally I do not have to give her her part as he had already deeded or divided differently. The other two sisters feel I should. Do you have any recommendations for a trust, etc?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

NC

Lawyer's Assistant: What documents or supporting evidence do you have?

Will. The IRAs were handled and dispersed by the banks.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My sister and I that were deeded the house have sold it, so they are wanting me to give her 1/4. I would like to preset up burial expenses for her then possibly a trust. She is 65 years old.

Submitted: 10 months ago.Category: Estate Law
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9/26/2017
Estate Lawyer: Richard, Attorney replied 10 months ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 57,224
Experience: 29 years of experience practicing law, including tax and estate planning.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Estate Lawyer: Richard, Attorney replied 10 months ago

Good morning. If she already received an equal share of the total estate assets, then she would not be entitled to additional amounts from your share. Your sisters may want you to do so, but you are under no legal oblgiation to do so. But, should you and/or your sisters choose to do so, you could establish an irrevocable trust for her benefit to be used only for specific purposes. You would want it to have a spendthrift provision which would then protect the assets from the reach of any of her creditors. That would provide funds for her for the purposes specifically referenced in the trust, but would make in invulnerable to claims of other parties. You could name yourself as trustee to ensure that the funds were used appropriately.

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