The will stated everything was to be split equally, half and half.
She has two homes.
My husbands brother has taken one of the homes and lets his mother-in-law reside there rent-free.
Now my husband has discovered that his brother is 100% beneficiary to certain IRAs and insurance claims.
Both my husband and his brother were adopted.
They dont see eye to eye.
Their mother said my husbands brother would never not give my husband his half of his inheritance.
They have avoided each other, as we didnt hold family gatherings due to COVID-19.
Is my husbands brother able to keep him from his half of their inheritance?
His brother has made himself the executor of the will and power of attorney, or something.
I feel they should have gone together to the CPA.
My husband wont listen to me.
Am I in the wrong?
Im also a bit confused about what role the accountant played in this situation.
Typically, youd need an attorney to draft legally binding documents, like awill or a trust.
But your mother-in-law isnt required to split everything down the middle.
In fact, she doesnt have to leave your husband anything at all.
It certainly sounds like your brother-in-law is being sketchy here.
But sometimes parents have good reasons for leaving one sibling a greater share of their estate.
you’re free to also argue that the will wasnt properly signed or witnessed in some cases.
That means whoever is listed as the beneficiary receives them regardless of what the persons will states.
But disputing a will is a long and expensive process.
Most people who mount a challenge will lose.
Need a Hand With Bills?
Listen, we know its tough out there.
But theres no shame in asking for help.
These companiesmake it easy to help yourself and your bank account.
A better option would be for your husband totalk directly with his mother and brotherabout his concerns.
That means your husband will have to re-establish communication with his brother.
They dont have to become best friends, but they will need to be cordial.
Sometimes parents avoid discussing estate planning with their children when they know the siblings relationship is strained.
This isnt about making sure he gets his half.
The discussion should be about making sure they understand their mothers wishes.
The attorney may also suggest appointing a more neutral party as the executor of the will.
But that will be between your mother-in-law and her attorney.
Its important to understand that any attorneys ethical obligation in this situation is to your mother-in-law.
Their job isnt to verify your husband or his brother get the inheritance they think they deserve.
Your husband can take a stab at foster a discussion.
He can make a run at make it as transparent as possible to avoid disputes with his brother.
But ultimately, these arent your husbands decisions.
This is your mother-in-laws money, not his.
You and your husband will need to live with whatever choices she makes.
Robin Hartill is a certified financial planner and a senior writer at The Penny Hoarder.
Send your tricky money questions to[email protected]or chat with her inThe Penny Hoarder Community.