<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lA:
My brother died owing my father money. My brother's portion of the inheritancce is enough to cover the debt amount. Should/can this portion be deducted from the amount paid to my brother's heirs?<HR></BLOCKQUOTE>
My response:
My sincere condolences to you and your father.
Since a bequest is, for all intents and purposes a gift, your father can, if he chooses to, amend his Will to reduce his son's portion of any inheritance. As a matter of fact, since his son is no longer with us, that portion of the Will can be amended to give nothing to his son's Estate, if your father so chooses. For example, if there's $100,000.00 to be divided by 4 children, under normal circumstances, the Will can be amended so as to divide that money by 3, instead of 4. Turning to the other side of the coin, his son's Estate is still obligated to pay him back - - especially if the loan can be proven. If so, your father can force a Probate of the Estate (even if son had no Will), and make his claim for his money. That way, if there are any insurance proceeds coming to the Estate, some of that money must then be used to pay father.
Good luck.
IAAL
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