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Deceased died before he could change his will

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What is the name of your state (only U.S. law)? SC

About a year ago a friend told me he was preparing a will and leaving everything to me. He died, and his estate is currently going through probate.

The week before he died he told me he had decided to amend his will because he wanted to leave $25k to another friend of his but I'm sure he never had a chance to actually do that. So, I know that his will as it was when he died does not express what his actual wishes were.

What is the best way of ensuring his wishes are honored? Should I just wait for the probate office to cut me a check and then give $25k to that other friend? Should I get the friend to file a claim with the probate office, with me as a witness? I'm afraid the first option could have tax implications that might otherwise be avoided.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? SC

About a year ago a friend told me he was preparing a will and leaving everything to me. He died, and his estate is currently going through probate.

The week before he died he told me he had decided to amend his will because he wanted to leave $25k to another friend of his but I'm sure he never had a chance to actually do that. So, I know that his will as it was when he died does not express what his actual wishes were.

What is the best way of ensuring his wishes are honored? Should I just wait for the probate office to cut me a check and then give $25k to that other friend? Should I get the friend to file a claim with the probate office, with me as a witness? I'm afraid the first option could have tax implications that might otherwise be avoided.
His wishes ARE stated in his will. If you want to be a good guy and give the other friend $25,000 of YOUR money, that's YOUR business. However, you will need to file a gift tax return unless you structure it differently.
 

Kiawah

Senior Member
Easiest case, you can give the friend 12K per year with no tax or gift implications, so pay him/her over a couple of years.

If your estate will ultimately fall under the federal threshold for estate tax, then you could also just give the whole 25K to the friend in one lump sum, just report it on Form 709 to IRS. No taxes will be paid now, just ends up reducing the maximum you are allowed in your estate when you die. Or, if you have a spouse, you can give the friend 12K and so can your spouse.
 

Dandy Don

Senior Member
Have you checked the courthouse to make sure that you are the only beneficiary named?

If the person had surviving relatives/next-of-kin that were not specifically disinherited in the will, you need to ask attorney if you should be concerned about them possibly challenging the will.

What an honorable thing to do to honor your friend's wishes!!
 

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