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Inheritance Advance: Should Brother Pay Interest?

Yahoo Finance •
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A family is grappling with a potential inheritance advance. The brother, whose wife has a terminal illness, needs funds. Their mother, who is 90 and has a $4 million trust, is open to the advance. However, the other sibling, who manages the finances, is hesitant about the brother's request to draw solely from the estate without using his own assets.

The central issue revolves around whether the brother should pay interest on the advanced inheritance. The managing sibling suggested a 2% annual interest rate, deducted from the brother's share. The article suggests this is a reasonable approach. Concerns include the impact on the trust's solvency, especially if the mother requires long-term care.

Experts advise that any advance should have the mother's express permission and be disclosed to all beneficiaries. Additionally, it could be treated as a loan, accruing interest. While micromanaging the brother's finances isn't recommended, clarifying roles and responsibilities, especially regarding the mother's care and the trust's future, is important.

Ultimately, the family needs to balance the brother's immediate needs with the long-term implications for the estate. Decisions around the advance and interest will impact family dynamics. It is important to involve the mother's attorney to ensure all decisions are legally sound and in her best interest. The article also recommends a revocable living trust.