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This is a follow up question to one answered by VR Jones a ...

Sent to Legal Experts May 05 8:26 p.m.

This is a follow up question to one answered by VR Jones a few days ago. I am executor of my father's estate ( will probated in NJ ). The will names me as sole heir but that I am to share estate with my brother. ( We live in Michigan ). This was done because my brother cannot manage money. Now, there is a new twist. My brother's wife seems to think she should have this money in her control. If that's the case, my brother will never have access to it. In fact, she is threatening divorce if she does not have it in her control. My brother has repeatedly told me that he does not want her to have any control over it. Because she is married to my brother, does she have ANY legal right to a share of his inheritance, according to either NJ or MI law ? At all costs, this money needs to be protected from my brother's wife !! If I put it in trust for him with me as trustee, can she claim any of it through divorce proceedings ?

Optional Information:
greenville, Michigan

Customer (name blocked for privacy)

Status: Closed Value: $30

Answer
May 07 12:10 a.m. (1 day and 3 hours later)

REPLIED

I just finished reviewing your previous issue. The inheritance can be claimed by the sister in law in any state, community property or not. It is separate property, and unless she was named in the will, she has no right to the inheritance you brother receives. This is why it is essential you do set up that trust as discussed. You have to account for the assets, income, and losses not only to Probate Court but the IRS too. Remember:

There is nothing wrong with you using funds from the estate to hire a CPA, or a trust and estate attorney. In fact you should, so that you protect yourself as well. Executor has a strong responsibility to the court and how the assets are distributed. If you are no sure, contact an attorney, and let the attorney decide the best action. This in turn leads to you protecting your brother's interest.

If you found my answer helpful, please click on the GREEN ACCEPT button. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Your Just Answer Expert,

VRJ

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Reply to VRJones
Sent May 07 6:11 a.m. (6 hours and 1 minute later)

I am a little confused. You said my sister in law can claim the inheritance, whether it is community property or not. The next line says that unless she was named in the will, which she was not, she has no right to the inheritance my brother receives. I'll discuss the trust issue with the NJ lawyer.

Customer (name blocked for privacy)

Answer
May 07 6:20 a.m. (8 minutes and 21 seconds later)

ACCEPTED

I can see why I confused you, Customer (name blocked for privacy). There was typo in that sentence. It should read:

The inheritance can NOT be claimed by the sister in law in any state, community property or not.

Sorry about the confusion. But yes, some executors are afraid to use the funds to hire attorneys or CPAs, and there is nothing wrong with doing so. In fact, Probate Court will encourage that the executor does seek counsel and a CPA.

Your Just Answer Expert,

VRJ

__________________
DISCLAIMER - This is not legal advice. The information provided WAS FOR ENTERTAINMENT PURPOSES ONLY. Please consult a qualified attorney in your State.

NO LEGAL ADVICE WAS GIVEN BY ME -- N/A -- 100% Positive Feedback on 127 Legal Accepts
All information given by me was for ENTERNTAINMENT PURPOSES ONLY -No legal Advice was provided.

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