Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
The duty of the administrator of an estate is to timely distribute the assets pursuant to the decedent's wishes, not pursuant to the wishes of an heir. Mail the check to an address provided by the heir, have the heir travel to you to collect directly or you travel to the heir. Your duty is not to try and protect an heir from his spouse, especially from a problem that may arise after you fulfill your duty.
Again, it's a relative who has asked for help. The decedent was aware of the issue and wanted us to help.
Hire a good honest lawyer to help you set up a non-revocable trust with you as the only admistrator of the trust. Put that money in the trust right away. Then only you can draw a salary to administer the trust as needed.
Make sure that your lawyer knows how to keep his/her mouth shut about the whole affair !!
The spouse has found ways around non-joint accounts. I have a guess how but I can't share it.
As in fraud of some kind, forgery?
If you could share something (not identifiable, of course) it would help us understand the situation better, and perhaps more and better answers and suggestions could be provided. I'd also like to be educated as to how that can legally be done.
I believe I'm correct on this: Keep in mind joint accounts opened during marriage, with marital money, technically would be communal property/assets.
The inheritance is NOT that kind of asset, and as was said, is NOT communal.
So I'd think fraud or forgery would be the only way for someone else, in this case, the spouse, to access that money. And of course we know fraud and forgery are illegal.
Of course someone can clarify or correct me if I'm wrong.
And in the case of a spouse working for the IRS, that would be abuse of power/position....which would possibly get the spouse fired. So if the spouse is smart, s/he doesn't want that. (I would hope.)
OP I think this relative needs other help as well....relational help. But that's another issue. Have your tired offering help with that also?
The spouse has found ways around non-joint accounts. I have a guess how but I can't share it.
I'm aware the spouse has no legal right to the inheritance but the relative wants to stay married.
Won't work. Spouse locates such things for a living.
If the relative in question "wants to stay married" and is willing to continue to put up with their spouse's shenanigans in regards to excessive spending in order to do so, there is nothing that you can do short of dropping the money into the most ironclad trust that can be made and letting the chips fall where they may.
Sadly, your relative seems to have boundary, rather than inheritance issues. Not much that you can do about that if he or she is unwilling or unable to set firm and healthy boundaries with their spouse.
Again, it's a relative who has asked for help. The decedent was aware of the issue and wanted us to help.
My issue with this is that its not really up to the relative. Your duty is to distribute the estate in accordance with the wishes of the testator. What happens to the money after that is not up to you. Its up to the heir.
I realize you think you are simply trying to do this person a favor. However, this business about "please protect me from my own wife" is not part of your duties. If he wants to do that its his job to find a way to do it.
The simpliest way is for the heir to set up a P.O. Box and then mail a check to the P.O. Box. It will be up to the heir to determine how to protect funds from hubby. The difficulty will be finding a vehicle that does not require reporting on IRS tax returns assuming they file jointly.
My issue with this is that its not really up to the relative. Your duty is to distribute the estate in accordance with the wishes of the testator. What happens to the money after that is not up to you. Its up to the heir.
I realize you think you are simply trying to do this person a favor. However, this business about "please protect me from my own wife" is not part of your duties. If he wants to do that its his job to find a way to do it.
It's really what Mark said there.
Hopefully they can open an account in their name only. Sounds like a "great" marriage.
The relative could go to a bank/credit union and open a new account in minutes or do it online. They could then send you the wire transfer instruction and there you have it, send the money, close out the estate and be done with it
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Not much that you can do about that if he or she is unwilling or unable to set firm and healthy boundaries with their spouse.
