David in Massachusetts wrote into The Ramsey Show to get advice on a difficult situation. (1)
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“My father passed away recently and did not make the will he always planned to create. He owned five properties and only two have mortgages. He also owned a business with a partner, which brings in close to $1 million in residuals annually,” David wrote.
David’s father was a go-getter who started from scratch and David wants to honor his father’s legacy — not wanting to see his hard-earned money go to waste. But there is a problem.
While David’s mother is “not in the picture,” his brother, he says, has a substance abuse problem. Worried about the potential to squander away the sum, he asked, “Is there anything I can legally do to prevent my brother from getting a lump sum” of the inheritance?
What options do you have to keep siblings from inheriting?
The show hosts advised that the root of David’s problem is his father’s lack of foresight.
A man who is financially responsible enough to grow his wealth by investing in businesses and real estate has undoubtedly made use of insurance to protect his assets. So why didn’t he protect his assets’ future by writing a will?
When a person dies without a will, they are “intestate,” which is a legal term that means their estate is subject to their state’s predetermined rules for distribution to heirs.
In David’s home state of Massachusetts, the assets of a person who dies intestate go into probate (the legal process by which the validity of a will is established) just as they would had David’s father left a will. The key difference is that the distribution is determined by the state’s intestacy laws instead of by the deceased person’s wishes.
Some assets can bypass probate, like life insurance and retirement accounts with named beneficiaries. The rest are divided according to a hierarchy determined by state law, which says if the decedent is survived by a spouse and children of that marriage without other complicating factors like children from a previous marriage, all their assets go to the spouse. (2)
David said his mother was, “no longer in the picture,” which is vague and could mean that she died, or more likely that they are separated.
If either of those are the case, all his father’s assets are divided equally between the children. This means David will get half and his brother, who is undeserving by David’s lights, also gets half.
A sibling who believes they deserve a larger share of an inheritance can file a legal challenge during probate. In Massachusetts and most U.S. states, this is done by contesting the will or estate distribution in probate court, typically on grounds such as undue influence, lack of mental capacity, or fraud.
If the estate has no valid will, as is the case here, a sibling can petition the court to become the estate’s personal representative or to have assets distributed differently under intestacy laws, which is what David intimates he has done.
But the court generally follows statutory formulas rather than personal claims. Courts rarely adjust inheritances simply because one heir believes another is undeserving, so the challenger must provide evidence of wrongdoing or procedural flaws in the will or estate administration.
Dave Ramsey delivered David the bad news straight — no chaser: “I think he’s going to get his lump sum unless he’s declared incompetent by the court … and just being stupid or doing drugs is not going to cause that to happen.”
Dave says David could possibly persuade his brother to let him manage his share in his name till he gets clean, but the odds of an older brother accepting that offer are slim to none.
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How to avoid future problems by making your will now
“What this guy did when he died suddenly is he has put a curse on his two sons,” Ramsey observed. “He left them with a mess because he didn’t do a will.” Ramsey added that this all could have been avoided if he had simply prepared a will that put the problem child’s inheritance in a trust.
It’s too late for David’s father to make it right, but it’s not too late for David. He (and anyone else who has assets they want to protect after their death) should follow these steps.
Before writing a will, start by clarifying your purpose
Think carefully about who you want to benefit and why, especially if you anticipate family conflict.
Reflect on potential sources of tension, such as children with addiction or blended-family relationships and work with a qualified estate attorney familiar with your state’s laws.
A professional can help you draft a precise will or revocable living trust that includes clear disinheritance or limitation clauses and establish protective measures like spendthrift or discretionary trusts.
These legal tools can control how assets are distributed and prevent irresponsible heirs or creditors from draining the estate.
Once your plan is in place, share it openly with your heirs
Discuss your intentions with your family members to mitigate resentment and misunderstandings later.
A family meeting or written explanation can go a long way toward preventing disputes and clarifying your reasoning. Make sure to review and update your estate documents regularly as life circumstances change through marriage, divorce or the addition of new family members.
It’s important to name levelheaded executors, trustees and backups to ensure that your wishes are carried out faithfully and without bias.
Document your reasoning and prepare for potential disputes
A letter of intent can help demonstrate that you acted deliberately, reducing the risk of legal challenges.
Use beneficiary designations and transfer-on-death registrations for accounts like IRAs and insurance policies to ensure assets that can bypass probate do.
If you expect conflict, strengthen your will with independent witnesses, medical statements confirming mental capacity or a no-contest clause. (Be aware, however, that enforcement varies by state.) Careful planning and transparency can protect your estate and preserve family peace after you’re gone.
David’s problem originated with his father’s lack of planning, which is an inheritance no parent should leave their children.
For this reason, Ramsey reminds, “Do your freakin’ will if you love the people that you’re going to leave behind … it is an act of love to do your estate planning.”
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Article sources
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@TheRamseyShow (1); Government of Massachusetts (2)
This article originally appeared on Moneywise.com under the title: MA man says he wants to keep his inheritance from going to his addict brother – Ramsey says he needs to do this 1 thing
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