To begin with my mother passed last July. Her estate is still in probate. Her will specifically outlines assets to be divided up between three siblings. Problem one sibling has passed away. I'm the court appointed representative of my mothers estate. I think its my moral obligation to see to it my brothers wife receives my brothers third of the estate. Problem two is I can't trust my brothers wife. She has been a grifter and has creditors chasing her across this continent for the last 20 years. How do I protect myself in this situation?

Your job isn't to be her moral compass. Only to legally divide the estate. If you provide her a third and she loses or squanders it, it's not your responsibility.

Alternately, you can establish a trust on her behalf.

I understand your thought morally, but legally I don’t think there is an obligation. What does your other sibling think on the idea? It could be contested if you two aren’t in agreement.

Did you deceased brother have children? Maybe skip the wife and create a trust for them if so?

Not a lawyer or anything, just a few thoughts on the matter

I agree with 911 but another question springs to mind.
What do you think your deceased brother would have wanted you to do?

.

I'm not a lawyer, please consult one about my curiosity...

Did your brother or your Mom pass away first?

If your Brother passed away first then why would Mom's estate still include him?

If your Mom passed away first and your brother passed before Mom's estate is approved by the court why would Mom's estate still include him?

I'm not asking as a way for you and other sibling to keep more for yourselves, but if there is no legal obligation for Mom's estate to pay deceased brother's estate...

1) keep the money and dole it out to her overtime as a why to be her moral compass.

2) Skip the deceased brother's wife and get it to his kids if there are any.

Keep in mind, there might be tax issues so again ~ please consult a lawyer!

.

Your brother’s wife may not be legally entitled to his share. His kids would likely be. You may be trying to dole out something which is to be split between you and your other sibling. This gets tricky quickly and can get costly quickly if multiple lawyers get involved. You should consult an attorney about your obligations and then your other sibling about their expectations. Sorry for your losses. Dealing with the paperwork and the stuff is often not as easy as it should be.

I have already emailed my attorney. He had no kids. My wife reminded me that the time limit for suits against the estate closed last November. That was my main worry.

quote:

Originally posted by goose5:
Her will specifically outlines assets to be divided up between three siblings.

The will should provide what happens to a bequest if that party dies.

If my email goes unanswered I'll be strolling through the lawyers door at 9AM tomorrow.

Berto and 911Boss. I've already spoke to my surviving brother and we both agree she should get the third. They were married for over 30 years I think she's entitled.

CoolRich59 I've gone over the will and there is a clear clause for kids, but that doesn't apply in this case. She has a daughter by another marriage however. She is over 21 and estranged from her mother last time it was discussed.

Sleepla8er my Mom passed first.

83v45magna this whole estate thing with my Mom has been in probate for 10 months now. The last thing is a return check from the federal government to hit. I remember thinking good god I'll croak before this is said and done joking to myself. I thought well I hope my brothers would go ahead and let my wife have what I was entitle to. Morally for me that's the right thing to do. I'm not interested in what she does with it after the fact. I'll probably not have any further contact with her, and that will suit her just fine.

Submit the distribution plan to the probate court 50:50 to the surviving named beneficiaries. If your deceased sibling had a will, or even if not, the judge may rule that his widow has the right to a share (because he was still alive when your mom passed, and the bequest technically occurs as of the moment of the bequestor's demise), but I'm guessing he will accept your proposed distribution.

Whether or not after probate is closed you and your brother subsequently choose to give a gift to your sister-in-law, is up to you. Depending on the size of the gifts, there may be tax obligations. Whether this gift is a lump sum, a trust, or as installments over time is up to you and your brother as well, but it may influence her behavior.

Disclaimer: I am not a lawyer, but I have administered several estates, one of which was quite complicated and was almost five years in probate.

Sorry for your losses.

What does the will say? That is the guiding document, and your job as executor is to execute the will as written, not to do what you think is right.

goose, Did your brother pass before or after your mother?

My FILL passed shortly after my wife's grandmother did. This set off a chain where Grandmother's will stated my FIL got his share, since he passed after the Grandmother's will was in motion, that share went through my FIL estate to my wife.

Had the FIL passed first, that share would have been spit among the surviving aunt/uncles and not gone to my wife (per the will).

No doubt that there is legal precedent for this kind of situation . Consult an Attorney and see what your options are . You have already said that you and your brother think she should have the money . Just make sure there is no exposure there .

If the wife was a great person and this was just an oversight on your mothers part, I'd see if your sibling would agree to split it three ways, substituting the wife for your late brother.
Sounds like that's not the case.
My paternal uncle died before my grandmother and due to my grandmother being well into her 90's she was unable to update her will. My father was the executor and only other beneficiary so he divided it substituting my aunt as if she was my uncle.
I don't think any court would object to that sort of distribution. The complication in your case is that you have another sibling that would have to agree or you'd have to split your own money with her.
You know a lot better than any of us what your mother would have wanted and how you will feel about this going forward.

quote:

Originally posted by goose5:
If my email goes unanswered I'll be strolling through the lawyers door at 9AM tomorrow.

… [snip] …

Sleepla8er my Mom passed first.

… [snip] …

I’d think the above is a key issue, but I believe checking with your attorney is the right answer.

When I have administered 3 estates now. In all three cased I used the attorney that WROTE the will... not my Lawyer.

My thinking was to minimize questions about following the will to the letter by others.

I am using the attorney that wrote the will. I admire the fact you've done three. I'm very glad I won't have to do this again.

Turns out I was worried about nothing. There is a mechanism already in place for such events. His share will go to him and dispersed as his will orders. I'm not even involved. Thanks to everyone for the help and ideas.

All I know is when I had my will done back in 2017 by a lawyer, I had to specify what happens to an inheritor’s portion if they die before me ( I think it also includes if they die within 30 days after me.

I had the option to have their share split among the remaining beneficiaries, pass it to their surviving children, or somebody else.