division of estate money

[copperbarrow]

What is the name of your state? Ohio
Hi, When mom was alive, my siblings and I sold some of her belongings so we could boost her financially, and also we divided the money between us siblings. There were two amounts that were earned. The first amount was divided between us all, including mom. (That was ok with her.) On the second amount, one sibling needed their share pretty fast, to pay for a divorce. It was given to them, and about the same time Mom got sick and had to go to assisted living. It was very expensive so we other siblings agreed to hold off getting our portion of the $ so she could afford to be in assisted living. We thought that someday we'd get our share.

Assisted living used up most of the remaining $ before she died, then paid for her funeral, attorney fees, all the extras.

Her property is now sold. The money is to be equally divided on the sale of the property, per her will. I am still thinking about this amount one sibling got a few years ago, and I want my share equal to what the sibling received to pay for the divorce before mom died. It was over 7G, not a small amount.

Do we other siblings have any legal right to received the amount the sibling got before mom died? Probably not, but thought I would ask. Thanks.

 

[Dandy Don]

Your mistake was in not getting anything in writing to show that the monies paid to the sibiling were a loan to be repaid at a future date. So now you have no grounds to deduct anything. You can politely ask for repayment and see what she says.

 

[BoredAtty]

There is a rule with regard to inter vivos advancements, but it only works if the deceased died intestate (i.e. without a will). If the will can be invalidated, you and your siblings could make that argument. You may want to see a lawyer with that issue. Otherwise, since your mother could have easily updated her will to account for the advancement to your divorced sibling, a court will assume that the will states exactly how she wanted her assets split up.