NeverBored
Recycles dryer sheets
- Joined
- Sep 10, 2009
- Messages
- 72
I haven't seen this come up on the forums, and a search didn't reveal any discussion, so....
My mother died in September. I have one brother, and we have been working through her assets together. Her investments and cash were all POD or TOD, and we are gradually getting through closing out those and getting the distributions. Mom was financially comfortable and frugal, and had quite a few investments with various companies. Many are small amounts (I don't want to do this to my kids.)
My question is this. Mom's house, car and one stock have to go through probate. My brother is the personal representative. He wants the house, and I do not. We have agreed on a dollar amount that he would buy me out of all the probate assets, and the probate attorney says this can be done with some paperwork waiving my right as an heir (and a check from my brother to me). This is an ideal outcome for me, as I live in another state and have a husband with serious health issues. My brother and I get along well, and trust each other.
Any red flags? Any experience doing this? Any tax issues? I appreciate any discussion or advice.
My mother died in September. I have one brother, and we have been working through her assets together. Her investments and cash were all POD or TOD, and we are gradually getting through closing out those and getting the distributions. Mom was financially comfortable and frugal, and had quite a few investments with various companies. Many are small amounts (I don't want to do this to my kids.)
My question is this. Mom's house, car and one stock have to go through probate. My brother is the personal representative. He wants the house, and I do not. We have agreed on a dollar amount that he would buy me out of all the probate assets, and the probate attorney says this can be done with some paperwork waiving my right as an heir (and a check from my brother to me). This is an ideal outcome for me, as I live in another state and have a husband with serious health issues. My brother and I get along well, and trust each other.
Any red flags? Any experience doing this? Any tax issues? I appreciate any discussion or advice.