What can I do to help my sisters?

[SusanSt]

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

My father passed away about 9 months ago. In his will he left me the entirety of his estate. Because of a personal vendetta against my sisters, which was entirely unjust towards them, he made this decision. In the will he stipulated that "No funds will be given from [me] to [my sisters]". I have always thought that his attitude was unfair and I think this is outrageous. I'd like to know if I have any options? Can he really stipulate how the funds are spent? Could I perhaps transfer some funds to my sisters' partners? Or to my sisters themselves?

 

[anteater]

Has the will been submitted for probate yet?

How much, roughly, is the entirety of his estate?

I can't speak for Oregon particularly, but, generally, probate courts are willing to approve distribution arrangements that differ from the provisions of a will (or the intestacy statutes, if no will) if all the interested parties are in agreement.

 

[curb1]

Or, if the estate is settled, you can write out a check to them. How much are you talking about?

 

[selhars]

After you get the money. You can give them anything or as much as you like -- split it evenly, or not, etc. Gift tax issues and documentation kick in at certain amounts.

 

[SusanSt]

So it doesn't matter that it is expressly forbidden? That's great news. The estate is worth ~$1.5-2m.

 

[curb1]

You need to see a CPA to make sure you know the tax consequences of your gifting. What stage are you in right now in transferring the assets? Have the assets been transferred to you? Does this estate need to be presented for probate?

 

[anteater]

So it doesn't matter that it is expressly forbidden? That's great news. The estate is worth ~$1.5-2m.

Is there a reason that you avoided answering the question about probate?

Assuming that probate is not yet completed and you already have the funds, I would suggest that you consult with a knowledgeable probate attorney (or the attorney representing the estate's personal representative if there is one) about the possibility of an alternative distribution of the probate estate. In some states, such things are referred to as "family settlement agreements," but a quick search on those terms for Oregon does not return anything.

If you can get what you want your sisters to have coming from the probate estate distribution, then you don't have to worry about the gift tax reporting requirements.

 

[davidmcbeth3]

My mom died with 6 kids ... only 1 got anything (not much anyway).

Maybe your sisters should not have pissed him off somehow.

I wouldn't give 1 dime to them. That's what your father wanted. Follow your father's wishes.

 

[SusanSt]

My sisters were abused and reported it. THAT'S what pissed him off. Please watch what you say before making such claims because you honestly don't know what you're talking about.

As for the probate issue, I'm sorry I forgot to address it. It has not been submitted yet.

My mom died with 6 kids ... only 1 got anything (not much anyway).

Maybe your sisters should not have pissed him off somehow.

I wouldn't give 1 dime to them. That's what your father wanted. Follow your father's wishes.

 

[anteater]

My sisters were abused and reported it. THAT'S what pissed him off. Please watch what you say before making such claims because you honestly don't know what you're talking about.

There is no need to engage with a troll.

Do what you think is right.

 

[ecmst12]

Your dad may haunt you but he can't control you.

 

[Qwerk]

You need to see a CPA to make sure you know the tax consequences of your gifting. What stage are you in right now in transferring the assets? Have the assets been transferred to you? Does this estate need to be presented for probate?

Seconded. You could be taxed once upon receipt of the estate, then subject to the gift tax when you give the money to your sisters. If this is the only way to get around the will, so be it, but it might not be your sole option.

 

[davidmcbeth3]

My sisters were abused and reported it. THAT'S what pissed him off.

Hey, if I WAS ABUSED I would not want any of the abusers money...would not want anything that touched his hands....

Don't post in a public forum is my advice to you.

 

[anteater]

Hey, if I WAS ABUSED I would not want any of the abusers money...would not want anything that touched his hands....

Don't post in a public forum is my advice to you.

Nobody gives a damn what you think.

 

[curb1]

Why? Doesn't make sense.

Meant for "David"