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Dad died. As well as his half of cash, bro wants me to ship items to him which will be a few hundred dollars in postage.

Harrisburg, PA |

Can I subtract the cost of these shipping items to bro from HIS share of the cash? Or does it come off the top and whatever cash is left gets divided between us? Doesn't seem fair that my inheritance (cash only) would be affected by the cost of shipping stuff to bro.

Attorney Answers 2

  1. In your case, law and logic meet. You should subtract the cost of shipping the items from your brother's share.

    If your brother didn't like that outcome, he'd be welcome to drive over and get the stuff himself. For that matter, an executor is usually entitled to sell tangible property for cash and distribute the money instead of the property. That too illustrates why he should bear the cost of shipping himself: if you exercised your discretion to distribute cash, you wouldn't bear any cost; why should you (i.e., the estate) bear the cost of him getting the property the way he wants it? Answer: it shouldn't.

    No attorney-client relationship or privilege is formed by this communication.

  2. Can I assume that an estate has been raised (started)? Can I assume you are the executor? These costs could be considered administrative costs if you wanted to agree but otherwise it is coming out of your brother's share. Are the items being shipped actually items that were left to him specifically? I lot to consider and contemplate in Estate issues such as these.

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