Save Your Estate

Why should the government or anyone else direct what happens with your estate assets? Why should a court, a stranger, or someone other than your choice make the medical and financial decisions for you if you become sick and incapacitated? Why should anyone other than your spouse, life partner, or the one you choose make the decisions about your illness, hospital visits, your funeral and what happens to your estate?

My Photo
Name:

Ronald J. Cappuccio, J.D., LL.M.(Tax) is a tax and business attorney practicing since 1976. Ron is a Graduate of Georgetown University, the University of Kansas and the Georgetown University Law Center. He also studied at Exeter University, UK.


Ron protects business and individual taxpayers from IRS Audits, Tax Collections (including bank levies, wage executions) and IRS Appeals. Employee vs. Independent Contractor Issues, Manufacturer, Pharmaceutical and Restaurant and Pizza audits are a special area of emphasis.

Thursday, January 20, 2005

Sibling Dispute over father's Will

===========
Question:
===========


Six siblings and myself are disagreeing on the distribution of remaining items not specified in my father's will. There is a varied interpretation of verbal statements my father made while still alive regarding these items, ie ''xxx can work on the boat'' is believed to be that he is to be given it. My position is that if it is not in the will, the items are to be appraised and sold, or compensation given for shares. Does the executrix have the power to distribute property based on verbal statements passed on by other members of the estate?


===========
Reply:
===========


Family disputes over inheritances are very disturbing and are an endless source of family strife. Unfortunately, it appears that your father's Will did not clearly reflect his intention. The Executor must follow the language of the will not a verbal intention. Nevertheless, the boat does not necessarily have to be sold. It could be distributed to one or more of your siblings in lieu of their portion of the estate. My suggestion is that you try to reach a consensus with your family. In the long run family relations are far more important than the money in dispute.

I hope this helps!