Adopted idot Brothers

[moza]

I live in Washington State.
My parents adopted twin boys fourty years ago and for fourty years they have plaqued my parents. Dad passed away two years ago and my mom is not doing well. The two 'men' are both on drugs, violent and have a history with the police. My parents have supported them and their off springs financially for all those years. They have bought them (and their children) homes, cars and given cash. In my mom's will she leaves them both $100,000 each. My parents own two busness so it is a fairly large estate. Is there anyway my sister and I can look forward to a hassle with these two after my mom's passing? There are trust made up for the children, which are over 18 now, so don't think that will be a problem.
Any information would be helpfull, Thanks

 

[ALawyer]

If your parents had a lawyer who knew what s/he was doing and properly drew the documents, NO PROBLEM. While all the kids, including these adopted bad apples, are children, there is no law that all children have to be treated equally in a Will or Trust.

My guess is that the $100,000 left to the adopted kids came with a string or two -- probably, if a smart lawyer did the Will and Trust, it would also provide if they challange the estate plan, they lose the $100,000. That sort of forces the heirs at law who might benefit if the Will and Trust were knocked out to choose whether to attack the documents (which is very very hard to do successfully if a lawyer did the documents) or take the money left them and run.

Without such an "in terrorum" provision the brothers would have had little if anything to lose (except legal fees) by suing. Thus they might have sued to delay distribution of the estate, and to cost the estate money to defend. As a practical matter that may have motivated you or forced you to settle with them and pay them off far more than the $100,000 your parents wisely left them, assuming the money went with an in terroum condition.

 

[moza]

Thanks for your reply.
Looked at the Mom's Will and the monies are put in a Trust with my uncle handling the Trust (poor man). I do not see a 'in terrorum' provision in the Will. I vagely remember mentioning the concern to the Attorney and he said that laws were different in Washington State and it was hard to contest the Will.
This whole thing is NOT fun.
Thank you again however, for getting me to dig a little deeper!