Fraud?

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

My father is elderly. I share his estate with 3 other siblings when he passes away. I owe money for student loans. I know whatever I owe will be taken from my share of the estate. My sister want me to request that our father take me out of his will, and she and the executor will make sure I still get my share. I am resisiting this, as I cant help but believe it is illegal. I also believe that the government will take it anyway. Can what she suggests be done legally? Who is right?

Let's say that it is not illegal and that your sister and the nominated executor follow through and actually manage to slip your share to you. What are you going to do with the windfall?

Wouldn't you feel better getting out from under the debt burden? In which case, the proposed artful dodging is moot.

What is the reason to take you out of the will?

RE Fraud?

Of course! But I think you are missing the point of my question. I WANT my father to leave things as they are. For exactly the reason you outlined. My question has to do with ethics, and what the law says. Doesnt the executor, as well as myself, run the risk of fines and or jail time for attempting to defraud? What are the repercussions of this type of action? I want to be able to point it out to my sister in such a way that she will quit harrassing me about it.

azredqueen said:

Of course! But I think you are missing the point of my question. I WANT my father to leave things as they are. For exactly the reason you outlined. My question has to do with ethics, and what the law says. Doesnt the executor, as well as myself, run the risk of fines and or jail time for attempting to defraud? What are the repercussions of this type of action? I want to be able to point it out to my sister in such a way that she will quit harrassing me about it.

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I certainly am not knowledgeable on the law pertaining to defrauding creditors. It does seem to me that it would be difficult for the creditor to even be aware that what is being proposed acutally occurred. After all..

1) Assuming that your father is still legally competent, he is free to change his will and he is free to exclude you.
2) If that his how the will reads, the executor would simply be carrying out the provisions of the will.
3) The siblings and the executor contend that they felt it was lousy that your father excluded you and, after they received their distributions from the estate, they made gifts to you of their own free will out of their shares to make up for it.

And that's our story and we're sticking to it....

Why don't you simply tell them that you intend to pay off your debts with any inheritance anyway and all this maneuvering would be wasted effort?

re: fraud

LOL thanks! I needed that!

I have told my sister that, and she thinks its a waste of money. (?) She disapproves of my plan. I have also told my father that and when our mom died and he rewrote the will, the attorney told him my share will go to the loans first. No, I am not sitting around waiting for my dad to die - I make regular payments for my loans. My sister seems to think this is the best way for me to go - I dont get her reasoning, and a friend of mine suggested that she plans on "forgetting" to share. I also believe I would be responsible for wind fall taxes or some such even if the student loan folks didnt take it, and what would be the benefit to me even if this was legal? I have a choice, either stay in the will, have my loans paid and get little, or, ask to be taken out, still owe the entire balance on the loans and get nothing. She lives with our dad, and I am sure she will eventually convince him to take me out. Thats fine, if its HIS choice, and not through coercion. He worked his entire life for that money, and its up to him to do with it what he chooses.

I was just hoping for a sound legal argument to stop the daily "you got to ask dad to take you out of his will before its too late" crap. Hhmm, re-reading this, maybe my friend is right......

...a friend of mine suggested that she plans on "forgetting" to share.

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I try to avoid the paranoid view of things unless there is some evidence to support it. However, I was tempted to suggest just that in this case.

And, if sister considers it to be a "waste of money" for you to pay your creditors and you have already told her that is your intention, then it is not much of a leap to conclude that she would later consider the "informal arrangement" to also be a "waste of money."

What the heck, tell her that the eminent legal scholar, anteater, said that she is going to the pokey if she tries this. She likely won't know any better.

Re: Fraud

I WILL tell her that.

You have been very helpful, and I do appreciate it. I get a kind of sick feeling every time she brings it up, which is why I came here in the first place. To put a stop to it if I could.

Have a great day! Are you a law student, or just very insightful?

Have a great day! Are you a law student, or just very insightful?

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I am in a profession where knowledge of the law is quite helpful. AND I am very insightful.