Legal Question in Wills and Trusts in Massachusetts

Without some kind of note, the Executor will have trouble collecting the money. Her estate will be all of her assets. If she wants to equalize everyone out, she can reduce the amount left to the one beneficiary by B-1/B* $100,000, where B is the number of beneficiaries. This would equalize the beneficiaries, if that is what she wants to do. To do that she needs to amend her Will. If she does not do it, then it is not likely the $100K will be recovered by the estate.

The most important thing to remember is that, so long as your mother is alive, she can make any changes to her will that she wishes to make. Without reading her current will, it is impossible to say how certain lifetime gifts or debts will be affect a beneficiary's distribution after death.

In the event that your mother were to pass away, the estate would be in the same position to collect on debts that your mother would have been if she were alive. Therefore, the estate would be barred from bringing any legal claims that your mother would have been barred from bringing if were she alive.

That being said, while the estate would not have the right to bring a legal action to collect on a debt, your mother does have the right to amend her will so that any distribution in favor of a certain beneficiary is reduced by a specific dollar amount.

This will require some complicated drafting, and I would strongly encourage your mother to (1) act on any debts that she can while she is alive, and (2) have an attorney carefully draft her will to account for gifts or loans made to beneficiaries during her lifetime.

Our estate planning attorney would be more than happy to sit down with your mother and craft a comprehensive plan to meet her needs. Don't hesitate to call us! 617-357-4898.