Legal Question in Wills and Trusts in Ohio
Question about inheritance
My husband inherited half of a 403b. His brother is the executor and has a lawyer to help him carry out the will. The check has been received from the 403b and has been in the estate account for over a month. The lawyer keeps using the excuse that he does not know how much to hold for taxes as to why he can not distribute the money to each of the brothers. I do not understand this. Wouldn't all he need to do is check with a tax person to get the answer to this?? My husband's brother had control of my husband's father's money for a few years before his death due to him having dementia. So he was able to take all the money and material things my husband's father had, which was close to a million dollars. The only thing the brother did not get was the 403b, only because he did not know about it. Anyway we are so afraid that now the brother is trying to figure out a way to take the 403b as well. We have to call the lawyer constantly because he will not call us to let us know whats going on. How can we find out what the taxes would be and who's responsibility is it to pay the lawyer? Can they take it from my husband's half of the 403b?
Any help would be much appreciated. Thanks
1 Answer from Attorneys
Re: Question about inheritance
Your question is difficult to answer without more information. You need to know whether the 403b was payable to your husband directly or to the estate. The taxes that are due would be the income taxes on the 403b distribution and estate taxes.
You need to understand that the attorney for the estate may only represents the executor he does not represent the beneficiaries and often there is a conflict of interest. You may want to find an attorney who represents your husband's interest to find out what is going on and make sure that he gets his share particularly given the history in this situation.
This answer is intended as general legal information. It is not legal advise nor does it create an attorney-client relationship.
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