Legal Question in Wills and Trusts in Virginia

Re: Will

Suggest you talk to an attorney who handles Federal/VA estate planning and Federal/VA taxation matters. Information will need to be assembled and carefully reviewed for a proper analysis and estate distribution plan to be implemented. An experienced tax attorney in VA should be able to handle this type of matter and to protect the interests of the client. Please note that, in accordance with the VA Code of Professional Responsibility for Attorneys, a signed engagement letter is necessary in order to engage my legal services. If I can be of any help to you or people you know, contact me as I would be pleased to provide tax/legal support.

Sincerely,

Robert Beatson II, 5-16-2009, 3:25 p.m. EST

Law Offices of Robert Beatson II

9818 Glynshire Way, Potomac, MD 20854

Email: [email protected]

Website: www.beatsonlaw.com

Practice areas: Tax, business law, computer/high tech/biotech law, intellectual property, trusts/estates/wills, real estate, litigation, mediation.

Licensed to practice law in: DC, MD, VA, and NY.

Re: Will

The executor is duty bound to follow the instructions of the testator's will in making all referenced distributions. And once you have done that and received your 60% of your deceased father's assets, you are then free to do with these funds as you please since you will then own them.

Re: Will

Applause to you for wanting to do what you think is the right thing; it's refreshing to see a sense of equity win out over greed.

It is said that a court of equity cannot do what the law does not allow, but the law does allow you to do what you think is right. The tool is the disclaimer. You can disclaim all or any portion of your inheritance from your father, and the disclaimed property would be distributed to his other heirs, you siblings. (Disclaiming property creates the legal fiction that you predeceased your father as to that property.)

Your disclaimer must be in writing filed within nine months of the date of your father's death, and must certify in accordance with �64.1-196.12 of the Code of Virginia, 1950, as amended that: (i) you have not accepted the interest sought to be disclaimed; (ii) you have not voluntarily assigned, conveyed, encumbered, pledged, or transferred the interest sought to be disclaimed nor have you contracted to do so; (iii) you have not executed any written waiver of right to disclaim the interest sought to be disclaimed; (iv) no judicial sale of the interest sought to be disclaimed has occurred.

My math tells me you would need to disclaim 58 1/3 % of your share in the estate to equalize your inheritance with that of your siblings, but you better check that out by doing the numbers.

Since the requirements are a little technical, you should also consult an attorney for preparation of the document disclaiming that portion of your interest.