Saturday, 1 November 2014

Parents recently deceased with no wills. Sibling with power of attorney has stated no need for legal counsel as the estate is small. Sibling...

Question

Parents recently deceased with no wills. Sibling with power of attorney has stated no need for legal counsel as the estate is small. Sibling has informed all others that after all outstanding debts are satisfied that all siblings who traveled from out of area will be reimbursed for hotel and other associated costs before any funds are disbursed to all. No provisions made for anyone living locally other than "thanks for your help" . Is this the way to handle these matters? How will it affect taxes on the "equal" disbursement of balance of funds?



Answer

Legally it's not supposed to work that way - unless the estate play says so, family members aren't reimbursed for travel expenses to get to the funeral.

On the other hand, it's reasonable family politics to reimburse expenses such as this - and it's not as if they are getting a windfall. It was a funeral, not a vacation.

What you really need to decide before you upset the apple cart is the economic cost to you - how much less are you going to inherit as a result of this. If the amount isn't that great then go with it. It'll be worth the good will in your family.



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