Legal Question in Wills and Trusts in Oregon
Monthly payments to a heir against future inheritance?
My oldest brother has been receiving 1000.00 a month for awhile now and the family has decided that a letter needs to be written to keep track of the amounts and have them deducted from their his portion of the estate when my father passes. is there a place to find such a letter and what needs to be include in it to make it legal? Thank you.
1 Answer from Attorneys
Re: Monthly payments to a heir against future inheritance?
It is up to your father and not "the family" to determine whether any payments to your oldest brother are simply gifts or some kind of advance against his share of an inheritance.
If your father desires to treat the payments to your brother as an advance inheritance, then he needs to make appropriate changes to his estate planning documents to make this clear. Just a "letter" will not do this.