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Dear TaxMama,

My mother recently passed away (2 months ago). My dad at the time of his death asked me to give my sister whatever was left in my mothers account to my sister as in his words "all she cares about is money not even that I am dying".

To satisfy him and in front of him I promised verbally to adhere to his request. He was not happy about it as he knew her troublesome ways.

Mom dies and I said okay as soon as my sister divides the jewelry she grabbed from Mom as she was going in to hospital weeks before her death which by note written by Mom divided the jewelry between me and my sister.

60 days have gone by and she has not responded.

Now the kicker, back in 1993 my parents made a will stating whatever was left should go to their 4 grandchildren equally at $2000 a year and my sister and I are Executors.

This will as the children would override my father's wish and my sister would be left out.

What do I do?

HELP!

Joe

 

Dear Joe,

You're in a tough position. You made a promise to your father. But there's a written will.

If there was no one to witness your promise and to testify in court to that effect, legally, you are required to honor your parents' written wishes.

You might want to visit an experienced and ethical estate tax attorney. After all, if you distribute things to your sister and the grandchildren ever find out that they were not given their due, YOU could be held financially responsible. Don't put yourself in that position.

And if your sister wants to fight it out with attorneys, sigh, well, you know what will happen to the assets... the attorneys will get it all, so there won't be any problem about who gets what. v Besides, Dad only made you promise that because he was feeling beaten down by your sister's greed. Let the written will stand.

I wish you a great deal of luck in resolving this. And my condolences on the loss of your loving and generous parents.