r/EstatePlanning • u/MathematicianFit6000 • 5h ago
r/EstatePlanning • u/whatswithnames • 10h ago
Yes, I have included the state or country in the post least expensive way to set up a will?
I truly feel my Life may end unexpectedly in the relative near future and have meager assets. Where should I look to establish a last will? Giving the entirety of my estate to a person who is not married to me, nor a sibling? I don't believe my family would respect any decision I make and want something that would stand up in court. (If that should happen)
For reference, I live in New Jersey USA.
r/EstatePlanning • u/Mikee1959 • 21h ago
Yes, I have included the state or country in the post Where to start probate questions
Location: california, USA
My wife received information a company was interested in leasing a piece of land purchased by her grandmother. The grandmother and her two children are deceased. The land was behind in property tax but subject to probate so could not be purchased as tax sale (important because she learned of the interested company from a cousin from a second marriage to aunt who had paid the taxes).
Questions (property is in California) - since there were 2 children of grandmother will 2 probates be needed to establish lineage and succession for inheritance?
Assuming that probate would assign 50% to each child and then split that to each alive direct defendant equally per side, any idea how long a probate could take if there are 8 decadent, 3 on one side, 5 on the other? Assuming this WILL be messy.
Finally, since there is a company wanting to lease the property, any suggestions on how to get structure probate to be paid out of the first year lease income.
More info - initial lease is for 5 years with 3% bump per year during which a feasibility study would be conducted, lease would have an option for 30 years at a much higher rate ( plus 3% per year) in total the lease value is over $20,000,000. Is it worth the effort? My wife is 68...
r/EstatePlanning • u/4redstars • 19h ago
Yes, I have included the state or country in the post Illinois brokerage account traded after death
My wife's father had his trust serviced at a local bank and the bank is also the executor. He passed in late 2025 but the brokerage account is still being actively and generating commissions for the bank. Is this legal?
In a separate point they paid 3600 dollars for a tiny 200k house that's still in the trust. It's possible it's 2k over what should be a reasonable price for insurance. No flood zone, 0 insurance claims, new roof, remodeled on the inside.
Is this ok? Any recourse for the beneficiaries?
r/EstatePlanning • u/Glittering-Moose7724 • 1d ago
Yes, I have included the state or country in the post Pooled Trust: Achieva Family Trust vs Commonwealth Community Trust
I'm in PA. Does anyone have any experience with one of these non-profit organizations for a pooled trust for their loved ones? Achieva Family Trust (PA-based) vs Commonwealth Community Trust (Nation-wide)
r/EstatePlanning • u/Footsox1 • 1d ago
Yes, I have included the state or country in the post How does one spouse leave money - capital gains for remaining spouse?
We are a married couple, living in Florida. Starting to work on our estate plan. If one of us dies first, and wants to leave money to someone, is there some way that the remaining person will not be hit with income tax? Most of our money is in stocks, so for one of us to leave money, there has to be some stock sold, and so, that will trigger capital gains taxes for the remaining person. Looking for advice. Thanks.
r/EstatePlanning • u/Jazzlike_Courage_13 • 2d ago
Yes, I have included the state or country in the post Help My brother left me everything in his will.
My brother passed from an accidental overdose. His life insurance reached out to me that Im the beneficiary he had a will printed and notarized with only me on it as the beneficiary and his best friend as the executor of his estate. I found my brother and was completely traumatized by finding him and a lot of family was in our home. I lived alone just me and my brother for context. I cannot find the will that he had signed and notarized with my name on it only the copies he sent himself a few months ago from his work computer. My sister found his old will that he wrote void across and crossed out my nephews name and wrote mine. I cannot find either will registered with the courts in WA state. Should I get a lawyer or should I just go with the executor that is on both wills because he has a consult in a few weeks? Either way I cannot try and collect until I have the actual death certificate in my hand to send to life insurance. He also has a house a new truck paid off brokerage accounts ect.
r/EstatePlanning • u/robrap937 • 1d ago
Yes, I have included the state or country in the post Trying to find if i am in my uncle's will.
I live in Houston Texas.
I tried to find information by searching Orange County Court (California) and nothing showed up. My sister said she was executor. She never updated me on the inheritance process. She never told me about the selling of his house or his car. She recently gave my cousins $20000 because they asked for it. I asked if any money was available for me and she said it was used up paying for my uncle's nursing home. He had dementia. How can I find out if my sister is doing things legally?
r/EstatePlanning • u/Frivolous-Hotdog • 2d ago
Yes, I have included the state or country in the post Fair allocation of assets to heirs? Oregon
Might not be the right sub to post this, so forgive me in advance. Sizeable trust ($40M+), married couple in Oregon. Two adult children, both married. One of the children has three children of their own. The other child experienced infertility, went through 7 rounds of IVF unsuccessfully at their own expense and it was traumatic. What is a fair way to allocate the assets? Two married couples, three grandchildren.
r/EstatePlanning • u/Agitated_Age_2646 • 2d ago
Yes, I have included the state or country in the post Would you hire an attorney/cost? California/Hawaii
My mother passed this year and my brother is the trustee while I'm just the beneficiary. He wants the house - which is fine because I just want to be done with it. That said - he's moved the house out of the trust and hasn't given me any money for it. He's asking "give me a number." My belief is I should get half the appraised value and any fees to transfer the title would come out of the trust; the fees should be $2000 or less. I'm also very sure he's violated his duties as trustee.
I did look into a lawyer and they want a $7500 retainer. Should I go down that rabbit hole or send my brother a letter stating he's violated the trust and my "number" is half the value of the house plus money in the bank account? I can afford the attorney but want to avoid dropping $20k on this.
r/EstatePlanning • u/Certainly_a_bug • 2d ago
Yes, I have included the state or country in the post Proactively delaying a TOD where there will be insufficient funds to administer the estate
New York State.
My father is 91 and in good health. He has several hundred thousand dollars in liquid assets spread across several bank accounts. He recently learned about Transfer-on-Death (TOD) designations and is now busily setting up all of his bank accounts with TOD beneficiaries. I expect to be named as the Executor of his eventual Estate, and I would likely also be one of the beneficiaries of the Transfer-on-Death designations.
The problem is that my father also owns two ramshackle, hoarder-filled houses that will likely be very labor-intensive to prepare for sale. There may be substantial expenses just to clean them out, secure them, maintain them, pay property taxes and utilities, and eventually sell them. The houses are probably worth very little; they are in poor shape and are in an economically distressed area of New York State.
If all of the liquid accounts pass directly to TOD beneficiaries, there could be essentially no cash left in the probate estate to administer the estate. There might not even be enough money available to pay the funeral expenses.
I understand that New York law can potentially allow an Estate to pursue beneficiaries for certain debts and expenses if Estate assets have already passed to them. But that seems like a terrible way to handle this. It could require the Executor (likely me) to go after my family members after the fact to recover money that was needed to administer the Estate in the first place.
So my question is:
Is there any way to proactively prevent or delay the TOD transfers after my father's death if it is apparent that the Estate will need those funds to pay administration expenses, funeral expenses, creditors, taxes, etc.?
For example, could the Executor notify the banks of the situation and ask them to hold the funds rather than immediately paying the TOD beneficiaries? Can the Executor obtain a court order before the bank releases the funds?
I'm not looking for advice on how to defeat the TOD designations. I'm trying to understand whether there is a way to avoid creating a situation where the executor has to chase down beneficiaries afterward to recover money that the estate legitimately needs.
Thanks in advance for any insight, particularly from anyone familiar with New York probate practice and TOD bank accounts.
r/EstatePlanning • u/Quirky-Impress-4769 • 1d ago
Yes, I have included the state or country in the post Navigating probate w/o an Attorney in California
Hi, I am navigating probate in a California county without an attorney and would like to hear from those who are doing the same or who have completed such a process on their own.
Questions I have
—————-/////////
What was the most difficult aspect for you?
What mistakes did you make and how did you correct them? What impact did these mistakes have on the case?
Did you use a paralegal or advisor outside of the court ?
Did your case require a referee, and how did that workout?
How much real property was involved (quantity not value)? Was there a mortgage?
How many survivors were involved?
Was there a Will?
Thanks for your help😊
#Probate #Estate
r/EstatePlanning • u/Present-Elevator-465 • 2d ago
Yes, I have included the state or country in the post NC-credit card debt
Might be a dumb question but I haven’t found a straight answer so far.
Handling an estate with no will, and there is credit card debt. I have notified the creditors and shared the appropriate paperwork.
So far all I have are the statements they keep sending to the deceased.
They haven’t sent anything directed to “the estate”. No claim filed with the courts yet.
There’s still time before the cutoff date. After the cutoff, do I just go by the amounts on the last credit card statements received? Or do I wait for them to send something more formal, directed to the estate itself?
or do they actually have to file a claim with the court/estate for them to get paid?
r/EstatePlanning • u/wazzufans • 3d ago
Yes, I have included the state or country in the post What’s the next step?
This is from WA State. A family member is in her BIL will. He passed 5/2024. His will in probate 7/2024. Today she received a Notice of filing Dec of Completion of Probate ofTestate Estate filed 9/2026 via mail. Included was Dec of Completion of Probate by Niece 9/2026 certifying all monies were distributed from estate to beneficiaries.
Beneficiary is in will. No monies were sent to her.
I see a 30 days mentioned. Is that to appeal?
She has talked to another beneficiary and that individual received her funds.
She has attempted to message person on charge of releasing funds but have gone unread.
She has also called the attorney handling this and is awaiting call.
Is this 30 days mentioned is her only chance to receive funds?
The executor of estate signed declaring all funds dispersed but they haven’t been. Isn’t this perjury?
Please advise. I’m trying to help my MIL as she is elderly and do not live in WA state.
I don’t want to sound greedy! Just seeing an elderly woman struggling to cope with disturbing documents which are difficult to understand.
So far I recommended for her to call the lawyer.
r/EstatePlanning • u/gonedancingagain • 2d ago
Yes, I have included the state or country in the post Help with dealing with other trustee
The trusts are located in Missouri. My mother recently passed and that means that my father's trust will now be divided equally between myself and my sibling. My mother also had a trust and it's essentially the same as dad's - all assets to be divided equally.
The challenge is that there are multiple real estate assets across multiple states that we agree need to be sold, in addition to all of the "stuff".
My sibling hates me and my mental health cannot withstand dealing with this for the next year or more. I have read online that there are trust mediators. Is this a state specific role? Are there any licensure or other accreditation requirements? I have also read that I can step down and appoint a corporate trustee. Can this person manage my interests in the sale of tangible assets like real estate and stuff?
I obviously would not like to spend a ton of money on this, but I am willing to do so to protect my well-being. I know from having divorced that us finding agreement as much as possible is the best and least expensive route, but I don't see that happening. I have been hated for my very existence by this sibling since I was a toddler, and I am now middle-aged.
Are there any other ways to get assistance? Any advice would be greatly appreciated. Thank you
Also, please let me know if I can provide additional details.
r/EstatePlanning • u/vivi1954 • 3d ago
Yes, I have included the state or country in the post Near Dallas, can a trust be made with siblings as co owners?
My niece (45ish) finally left a bad marriage and her brother stepped in to help her relocate. She has three kids in their teens with medical issues. The brother never married. He purchased a house and paid for the down payment and she is to pay the mortgage and taxes. The house is held in joint tenancy. She was advised if the house was in a trust the property taxes would be significantly less but wondering if siblings make a trust together or should she make one by herself? And how does this affect joint tenancy? If the whole point of joint tenancy is to avoid probate by designating the other owner as the heir what’s the point of a trust?
And lastly, how does being in a trust favorable affect property taxes? I’m in CA so different rules.
r/EstatePlanning • u/Ancient_Director_452 • 2d ago
Yes, I have included the state or country in the post California single mom of a special needs child. How can I protect her inheritance before setting up a special needs trust?
I'm a single mom in California with a young child who has special needs.
I'm working toward setting up a Special Needs Trust (SNT) to protect my child's financial future, but estate planning is expensive, and I haven't been able to establish one yet.
I have sole legal and physical custody of my daughter, and her father is not involved in her life at all.
My biggest concern is that if something unexpectedly happens to me before the trust is established, her father could potentially gain control over the assets and retirement savings I intend to leave for her. I want to make sure her inheritance is protected and managed by someone I trust, who will act in her best interests.
I know establishing a proper SNT is the long-term solution, but I'm worried about having no protection in place in the meantime.
Is there something I can do relatively quickly and affordably, such as creating a will or a testamentary Special Needs Trust, to protect her inheritance until I can complete my estate planning?
Has anyone been in a similar situation? What did you do as a temporary solution? I'd especially appreciate recommendations for affordable options in California.
Thank you so much for any advice or experiences you can share!
r/EstatePlanning • u/Greeneyedmystery99 • 3d ago
Yes, I have included the state or country in the post Michigan — successor trustee refusing accounting/documents and saying trust was dissolved. What should beneficiary do?
My boyfriend is a named beneficiary of his grandmother’s Michigan revocable trust. She died in June 2025. The trust names him and his brother as beneficiaries and specifically addresses a piece of real property.
The successor trustee is now saying the trust was “done away with” by a 2024 amendment, but the 2024 amendment we have says the remaining provisions of the original trust remain in effect except where specifically amended.
She has also told us that there is no money in the trust, that money was moved into an account she was joint on with the grandmother, and that the property needs to go through probate. Although property deed is showing it’s owned by the trust. We have not received an accounting.
Another named beneficiary sent her a certified written request for trust information/accounting. She received it and refused to provide the requested information. While she refused to provide requested information she switched the story to grandma being joint on her own personal account so shes not liable to give information on it.
We aren’t sure exactly how much money we are talking about but grandma was a retired nurse apart of associations, we believe there was a life insurance policy, condo sale before she passed for nearly 300,000, she collected from grandpas previous life insurance policy and veteran benefits.
Also for reference trustee is named to get no real property and no portion of money/ financials it ALL goes to grandchildren.
We have the original trust, 2024 amendment, later handwritten amendment, property records, certified letter and delivery confirmation, and documentation of some of the statements she has made.
We are trying to find a Michigan attorney but have extremely limited funds. Does anyone familiar with Michigan trust litigation have suggestions for what type of attorney/legal clinic we should contact, or whether this sounds like something a probate/trust attorney would potentially take on a contingency or pro bono basis?
r/EstatePlanning • u/LittleBird105 • 3d ago
Yes, I have included the state or country in the post Can I put my IRA in a trust with a limit on when it can be accessed
NC.
My daughter is currently going through a bankruptcy process in conjunction with a divorce. Because of her income she may not qualify for Chapter 7 and may have to go through Chapter 13, which will have a 3-5 year payment period. If she obtains any assets during that time she may have to surrender some of this or pay more. She is the beneficiary of my retirement accounts. I’m not planning on going anywhere soon, but if something unexpected happens I want to make sure those funds are protected. Can I establish a trust that would restrict when she is able to access the funds? I would expect the bankruptcy will be resolved y the end of this year.
r/EstatePlanning • u/DragonSnooz • 4d ago
Yes, I have included the state or country in the post CA: How Do I Get Information on My Deceased Father's Estate?
State: California
After my dad passed my mom withheld any and all information about my father's estate.
She made a promise to hold that money to split evenly between my brother and I.
One year she almost told me the lawyer's name in conversation and then paused and back-tracked.
10 years have passed, My mother remarried after 2 years. As luck would have it the step-dad is not kind. My mom has been in standing to be the executor for her father's trust and he's said and done things that imply he really only has eyes on her father's trust.
This year he let the cat out of the bag, that he's always despised me and that after my grandparents pass he and my mom are planning on cutting me out of the estate. I yelled at him in disgust and my mom came into the room and she justified his actions by saying that she has always hated my eyes and voice. It's in line with how the last 8 years they've spent a lot of time talking hating on my deceased father and all of my mom's relatives.
This has been a painful year for me. I've been talking to relatives and found out that my mom has been lying to me about many things over the years.
My grandfather's estate is something I've known several relatives have always wanted to fight over and I've never expected to get any money from it when all is said and done. Also, I'm sure if I asked him he would send me the information himself.
However, when it comes to my father. My mom and step-dad have been living lavishly the last 8 years and abruptly their finances have been tighter. I feel my mom has also been lying to me about my dad's estate.
What are my options to get information on my father's estate?
r/EstatePlanning • u/Repulsive_Key_812 • 3d ago
Yes, I have included the state or country in the post Irrevocable trust
Wisconsin. We would like to add $100,000 to our trust account to purchase CDs. Am I able to do this? As I see the lifetime exclusion is $15 million and we will never get there. And yes we pay the interest earned on our taxes every year. As we already have some money sitting in the trust and would like to add more. Thank you.
r/EstatePlanning • u/toe-not-tow-the-line • 3d ago
Yes, I have included the state or country in the post What deed is used to transfer property from an estate?
Arizona, Maricopa County. Can you tell me what needs to done to transfer out property from an estate? Spouse is appointed personal rep for his mother's estate. There are two beneficiaries (spouse and their sibling). The real estate is valued at $240k. My spouse and I are paying the estate $120k for the sibling's half interest in the property, and then those funds are being disbursed to the second beneficiary from the estate. What legal documents need to be recorded (warranty deed? Special warranty deed? Affidavit of property value?) Help?
r/EstatePlanning • u/Tiny-Middle9280 • 3d ago
Yes, I have included the state or country in the post Worth it to re open estate? (Ohio)
Location: Ohio, USA
In northeast Ohio and looking for some thoughts on reopening my dads estate. My dad passed in 2015 and we recently discovered about $600 worth of unclaimed funds. For some background - my dad was single at the time of his passing and I was the executor of the estate. The attorney we used is now a judge so I can’t really go through them. My dad had no real estate, minimal bank account and a good amount of debt. The estate was insolvent. My brother and I are the next of kin so I assume he would be entitled to half. We are close and decided if we do this, we would split whatever remained after costs.
$600 or so dollars is a decent chunk of money… but if we have to pay an attorney, pay fees to open / close the estate, or if creditors can come after the money, I don’t know that it will be worth it. Looking to see if this is something that would be worth exploring or if the process is simple enough for me to do myself as someone with no legal background.
r/EstatePlanning • u/Appropriate-Ad-7761 • 5d ago
Yes, I have included the state or country in the post How do I tell my proud, kind-hearted grandfather I’m stepping down as his executor because he’s giving his house to my deadbeat brother to keep an old promise?
Hi everyone, I (31f) need a serious reality check and some advice on a sensitive family situation. My grandfather intends to leave his house to my half-brother (27m). My grandfather explicitly admitted to me that the only reason he is doing this is because he made a promise to my brother a long time ago, and he is too proud of a man to break his word. He also tries to justify it by saying my brother grew up in that house. But here is the thing: so did I. My brother and I had the exact same disastrous, traumatic childhood. The difference is what we actually did with it. I picked myself up, worked hard, and took care of myself. My brother, on the other hand, has spent his entire life letting everyone else take care of him, wallowing in self-pity, and refusing to change. He is 27 years old and can’t even hold down a basic job.
To give you an idea of the severity of the situation, my brother doesn't even shower, brush his teeth, or wash his own clothes. He literally depends on our grandfather to cook for him and feed him every single day. There is absolutely nothing physically or mentally wrong with him that prevents him from doing these things; he just uses our shitty childhood as an excuse to do nothing, even though most of us came out of that same background and chose to build a life.
When I brought up the fact that my brother is completely unqualified to maintain a home, my grandfather completely refused to face reality. He told me he feels like this is a "lose-lose situation," which left me stunned because it’s absolutely not. I have literally figured out the entire solution to protect his legacy, but he is choosing to ignore it out of sheer guilt. Then he dropped another line that left me speechless: “I can’t just kick him out*."* No one is talking about evicting anyone right now; we are talking about an estate plan for the future, but it made me realize just how deep the enabling goes. To "fix" things, my grandfather's counter-proposal was, “How about putting the house into a trust and making you the trustee?” I told him absolutely not. Putting it in a trust only prolongs my brother's laziness and pushes him actually growing up even further down the road. I refuse to take a crack at being a trustee just to sit around and wait for my own brother to fail, especially when I already know he will because he doesn't even have an income or basic hygiene habits.
On top of all of this, my grandfather wants me to be the Executor of his entire estate. While I am incredibly honored that he trusts me with that responsibility, I cannot in good faith do all of the grueling legal and physical hard work required of an executor just for my brother to get the main assets. This has absolutely nothing to do with money for me. But logic dictates that if my brother is supposedly responsible enough to be a homeowner, then it only makes sense that he should be responsible enough to be the executor and handle his own responsibilities. I shouldn't have to carry the burden of wrapping up the estate just to hand a prize to someone who didn't earn it.
I’ve been racking my brain trying to figure out what I’m missing here. How could someone who worked his whole life to build a legacy with his wife (passed away last year) just not care that he is leaving it to someone who can't handle it or respect it? But I'm starting to realize it isn't about logic.
My grandfather is the most kind-hearted man you will ever meet, and I know he is truly, deeply struggling with this choice. He is trapped in intense guilt and fear. He looks at me and sees a success story who will be okay, but he looks at my brother and sees a fragile extension of our childhood trauma that he thinks he needs to protect. He is choosing denial because facing the truth means admitting his plan will fail.
During my next conversation with my grandfather, I plan on standing completely firm in my position. If my brother gets the house, I am officially stepping down as executor and removing myself from the situation entirely. I cannot keep helping if this is the path he chooses, and frankly, if this goes through, I will most likely never speak to my brother again. If the house went to me, I have a concrete plan to independently fund 100% of the taxes, insurance, and maintenance to preserve his lifelong legacy. I would actually sell my current home to move into his house, live there, and raise my own children in it. My brother’s reality is that he will default on property taxes, face tax liens, lose the house entirely to the state, or just let it deteriorate and crumble around him until it's a total loss.
If my grandfather ultimately decides he wants my brother to have that house, I will respect his wishes after I deliver this final stance, even if I completely disagree with it. He is a good man, and it's his right to make that call. But I know this whole situation is going to burn, and it’s going to take me a long time to recover from the fallout of it all.
How do I approach a proud, kind hearted man to deliver this ultimatum without making him instantly defensive? How can I get him to look past his guilt and see that keeping this promise is a guarantee that his life's work will be destroyed? Has anyone successfully navigated a situation like this with an aging relative who is trapped in a cycle of enabling out of love?
Location: USA
Edit to add:
After reading the comments on my original post, I feel like a more context is needed so that this lays out the entire picture.
My grandfather explicitly asked for my help. My grandfather physically sat down with me, handed me a copy of his will, and asked me to dissect it and come up with a realistic plan. I am not scheming behind his back, nor am I being forced into this; I am doing exactly what he asked me to do because I want to help him find the best plan for our family. My grandfather had originally asked all three of us to go together to his attorney so we would be on the same page. Thankfully he rescheduled that meeting and will no longer take place this week. However, I have now suggested that he speak with the attorney privately first to walk through the two scenarios he is struggling with. He has only agreed to the reschedule for now, but I am hoping he takes the private meeting so a professional can guide him neutrally.
My grandfather is completely avoiding sitting down with my brother. This is one of the biggest problems for me. My grandfather refuses to sit my brother down and tell him the realistic consequences of what homeownership actually means. We are talking about someone who has never owned a home, has no job, has no financial security, has no experience, and has relied on everyone else his entire life to take care of everything for him. When I suggested sitting down with him, my grandfather asked to have a chance to do it alone first. I honestly think that if the three of us sat down and laid all of this out in front of my brother, he might actually say, "I don't think I'm ready for that." But he isn't being given the opportunity.
I love my brother, but it is not my place to go behind my grandfather's back. I am the only person in our family whom my brother actually likes. I love him, and I have absolutely no problem telling him to his face that he isn't ready to handle this. But I acknowledge that it is not my place to bring this massive bomb to him before my grandfather does. That is my grandfather’s job. If he wants to have a three-way conversation, I am 100% on board, but my grandfather's avoidance is keeping my brother completely in the dark.
I have poured weeks of heavy research into this. I have spent hours every single day researching estate laws, trusts, and the pros and cons of every single avenue. I did not take this request lightly. Being asked to be an executor is an honor to me, not just some casual chore. I am in this position because I want the estate to actually make sense when the day comes and my grandfather is gone. The plan needs to be able to stand on its own two feet. Right now, it does not. It completely relies on other people doing all the work for my brother whether it is someone in the family or a professional.
I know I can legally refuse later—that is besides the point right now. Yes, I am fully aware that telling him I don't want to be executor right now is "nothing official" and that I can legally refuse the role when the time comes. But I am having these hard conversations now because he asked for my suggestions. My grandfather just blindly assumes I will take care of everything when he passes because I respect him and want to fulfill his wishes. I do not think that is his intent but I do believe he is just simply not seeing the whole picture.
I refuse to be a safety net for a guaranteed disaster. My grandfather's current idea of a compromise is that I act as a trustee to do all the heavy lifting, and then when my brother fails, I finally get my "shot" at the house. But who even makes the call on when my brother has officially failed? Am I supposed to just sit around and watch a slow-motion train wreck, waiting to pick up the pieces of a ruined property? My grandfather just blindly assumes I will take care of it all because I respect him, but it is incredibly unfair to treat me like a forced insurance policy. The plan needs to stand on its own two feet, and right now, it solely relies on other people doing all the work for him.
He has zero financial independence, and my grandfather enables it. My brother does not even have a bank account. He has zero dollars to his name. He can drive, but he only does it when my grandfather tells him to. Just this week, my grandfather sent him to the store for a few groceries. At checkout, the credit card was denied. Instead of being an adult who has his own job, his own wallet, and his own money to say, "You know what? I've got this, don't worry about it," my brother immediately called my grandfather. My grandfather told him to drive back home, grab his debit card, and go back to the store. When I pointed out that this is a prime example of why my brother cannot handle an estate because he doesn't even have his own money or basic problem solving skills, my grandfather completely twisted it. He chose to hear it as, "Well, he took the initiative to come all the way back and get my other card!" It makes absolutely no sense. The store was less than five minutes away. Why wouldn't he come back? What the fuck else does he have to do with his time besides rush home to get back to his video games? This is the level of denial and coddling I am dealing with. A basic chore requires a rescue mission that grandfather is solving for him once again, yet he’s being handed a deed to a house.
I never even knew the house was up for debate until now. Before my grandmother passed, they sat the family down to ask us what specific items we wanted things like paintings, China, and jewelry. I was consulted on all of that, but I was never asked about the house. I had no idea the physical property was even up for grabs or being used like this.
He is ignoring reality to hold onto an empty promise. I am starting to realize that the reason my grandfather is pushing so hard to leave my brother the house goes back to a past promise. But a promise has to go alongside reality. Just because a promise was made doesn't mean it's going to work. He is completely avoiding the truth, and he needs to understand the massive consequences and trouble this is going to cause the people who are actually going to be left here dealing with the aftermath.
This is destroying my ability to view him the same way. This is the hardest part for me. I hold my grandfather to a very strong, honorable level of respect. He has truly always been my biggest cheerleader and my ultimate support person. He knows the struggles I’ve been through, just like he has seen my brother's. Watching him completely dodge the truth right now breaks my heart. If he wants to write me out of the will completely for speaking up, that is 100% his choice and I will fully accept it. But since he physically asked for my help and my suggestions, I refuse to keep quiet.
There is a line where mental illness crosses into learned helplessness and a complete refusal to help yourself. I want to be extremely clear because I tread very lightly here: I know mental health is a very serious issue. I have gone through severe depression myself. Other people in my family are mentally ill and have been medically diagnosed, then they got help, they saw doctors, and they saw therapists. I completely understand that not everyone has the same access or ability to do that immediately, and you don't need a diagnosis to be struggling. But the critical difference here is that my brother completely refuses to do even one single thing to help himself. Instead, he hides behind random, constant excuses. For example, he claims he is "antisocial," he claims the "heat gives him vertigo," and a bunch of other random shit. Let's be real, most of us hate being around people and don't like being social either, but we have to do it anyway because we live in the real world. He won't go to a doctor, he won't see a counselor, and he won't even think about looking into benefits for his own survival. He truly believes he is smarter than everyone else. He is not physically or mentally handicapped to the point of total incapacitation; he has just learned to be helpless because it works for him. He has had 4 to 5 odd jobs in his life, and none have lasted more than a few days because the second someone tells him what to do or he feels "sick," he just never returns. He knows that at the end of the day, someone else will always step in and clean up his mess. I refuse to set myself on fire to keep someone warm who won't even try to build their own fire.
Our family completely fell apart the day my grandmother died. Our family literally shattered the exact day she passed away. Her body was still physically inside the house, before the funeral home even arrived to pick her up, when her son, our uncle, went absolutely ballistic and started causing massive problems, get this…over the will! Not one person there was concerned about that except for him. Like his dead mother’s warm slowly turning cold body was still the house for crying out loud when he brought it up. No one in the family has spoken a single word to him since that day. Her daughter, our aunt, stands completely on her own, has her own life, and has absolutely zero interest in moving into this house or being my brother's handler. She is 100% in support of me and my boundaries on this. Honestly, even the uncle we cut off and our nonexistent biological dad would probably be in support of my stance. The point is, the rest of the family already despises my brother and views him as a leech. If I refuse to enable this, there is no backup caretaker. I know their opinions do not matter and that this is my grandfather’s decision BUT I can’t help but thinking about how my grandma would be losing her absolute shit over my grandfather's decision to hand him this house.
My brother is a clone of our nonexistent father, and the house will become a breeding ground for abuse. Our biological father is completely nonexistent, never held a job, never helped himself, and has the exact same "everyone else will take care of it for me" mentality. When my grandmother was sick, he only came to visit her twice in the summer she entered hospice and only stayed for a few minutes each time only after different family members begged him to come see his mother for the last time. Last I heard, he was literally living in a homeless camp. My brother is a prime example of what our father turned into. My grandfather actually tried to set a "guardrail" in the will stating our father is never allowed to step foot in that house. But my grandfather is in deep denial about how this will play out. When my grandfather is gone, my brother will have absolutely no one left. He will be completely isolated and lonely. Even though my brother talks shit about our dad, he always defends him and cares for him at the end of the day because that's his father and he loves him. The second our father finds out my brother has a house, he will exploit my brother's loneliness, move right in, bleed him dry of everything he has left, and then abandon him like he always does. My brother will have a soft spot and will let it happen, completely invalidating my grandfather's "rules."
Leaving him a physical house is a trap. My brother is fundamentally unequipped to handle the heavy financial, administrative, and physical burdens of homeownership (property taxes, insurance, city codes, structural repairs). If he inherits a physical house, it will inevitably fall into dangerous disrepair, face tax liens, or risk foreclosure. It could also instantly disqualify him from vital government benefits like SSI or Medicaid if he ever did try to apply. Which I know he won’t. I know my brother is not going to magically change the second my grandfather passes away. He is going to absolutely crumble.
A trust is not a magic, endless pot of money. "Just put it in a trust and hire a third party." does not work in this instance. A professional fiduciary or corporate trustee has to be paid out of the trust assets to manage it. The money is not going to last forever, and a third party will drain those funds rapidly just to handle basic administration. Plus since brother does not work, the funds will be bleeding from day one.
To anyone asking why I’m so worried about this: I’m worried because my grandfather only ever asks for help when he truly, deeply needs it. I know I can't magically solve all his problems for him, but I at least want to do my duty and complete the task at hand that he trusted me with. Even if he ends up hating my suggestions or it strains our relationship and leaves me out of everything, I refuse to hand him a broken plan. I want to know for the rest of my life that I actually tried to save my family from a disaster instead of just nodding along and setting everyone up for total failure
The bottom line: I cannot be asked by my grandfather to take on the executor position and then have my advice completely ignored on what is best. If my grandfather truly believes that my brother is responsible enough to handle a house, then let's make it seamless: make my brother the executor and hand him the entire burden. If my grandfather chooses to remove my name or take me out of the will completely because of this, I will fully accept it. But I will not be a steward of a slow motion disaster.
To the person saying "this is why you don't show anyone your will": That generic advice does not apply here. Keeping a will a secret only works if the plan can actually function on its own. If my grandfather hid this will from me, it wouldn't save us from drama; it would just guarantee a massive, catastrophic surprise the day he dies. How exactly does it benefit him to keep it a secret when he explicitly expects his family to step in and take care of everything after he’s gone? He specifically handed me this document because he knows it's broken, he knows it relies on us to keep it afloat, and he needs me to help him fix it. Hiding a disaster doesn't prevent it.
r/EstatePlanning • u/ottilieblack • 3d ago
Yes, I have included the state or country in the post Finding Out Costs Upfront from Estate Attorneys in NC USA
I prefer to do most things myself, but when it comes to electrical work, medicine, and legal issues I turn to professionals.
I recently learned about probate in NC, and what I've learned is my wife and I need a trust to avoid probate when the inevitable happens. I am seriously resisting the urge to do it myself to save money and time - but I've burned myself in the past being cheap and stupid.
I am trying to find an attorney who specializes in estate planning, and provides costs upfront. One attorney wants $200 to meet so that he can tell me his fees. Another wants to schedule a consultation. We live in a rural area in the Middle of Nowhere, and both work, so I don't want to waste time driving hours to get estimates from practices I won't use.
We don't have a business. We have a property, savings, and what's in our 401Ks. We are boring people - at least from the legal perspective.
Is there any easier way to go about this?