<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by la:
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?
Thank you for your quick respose to my original message. I forgot to include that after my brother died, my father also died. My father did not change his will, leaving his inheritence to all his children, including my deceased brother. Now as executor of the will, can I deduct the owed debt from my brother's portion of the inheritence that will be disbursed to his son?<HR></BLOCKQUOTE>
My response:
Well, that little bit of information changes everything. I hope you haven't forgotten to tell me anything else.
Anyway, and addressing this latest scenario, you, as the Executor/Administrator of Father's Estate have a duty to follow the Will, to the letter; however, you can accomplish what you need to do in one of two ways:
1. You can discuss this matter with the Executor/Administrator of the Son's Estate, and inform him/her of the amount of the Bequest, and ask that your Father's Estate be reimbursed voluntarily, by obtaining the written permission of the Executor of Son's Estate to allow a "set-off" of the debt. For example, if Father's Bequest amounts to $25,000.00, but the debt to Father's Estate is $10,000.00, then get written permission to allow a final payment to the Son's Estate in the sum of $15,000.00, and give the Son's Executor a receipt showing payment in full of the debt owing to Father's Estate; or,
2. And since you have a duty to follow the Will in all particulars, and assuming you do not get permission for a set-off, then you MUST give the entire amount of money to the Executor of Son's Estate, and then file a lawsuit on behalf of Father's Estate against the Executor of Son's Estate and the Estate for payment of the debt to Father's Estate.
In your Father's Probate proceeding, you MAY be able to get the judge to allow the Father's Estate an "automatic set-off", and thereby obtain an order from the court to allow you, as the Executor, to pay Son's Estate the amount of the Bequest, minus the amount of the debt owed to Father's Estate. You CANNOT take a set-off without permission of the Executor of Son's Estate, or without Court Order.
I hope this helps.
IAAL
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