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Does he deserve an equal slice since he has been so irresponsible?


Your situation has similarities to my family's:
- I'm The Responsible One, and have children and a grandchild.
- One of my brothers was in prison for 15 years, during which time Dad visited an estate planning attorney and made his plans. (Bro never married, and as far as we know has no children.)
- I also have many other siblings, some of whom also have children and grandchildren, so that's a little more complicated than your family, but not really relevant here.

Dad's documents state that when he dies, all his assets will be divided equally among all his children, which I think is the best way to do it. Regardless of who deserves what, we are all equally his children, and he loves us all.
Will felon bro blow through his inheritance? Most likely, but IMO better he receive it and blow through it, than feel he's been shortchanged, and bug me for what he considers his fair share that I unfairly received and don't need.

Regarding the logistics of distributing the estate:

- A Trust will be created for each of the adult children. Assets will be divided, and an equal amount deposited to each Trust.

- I will be Trustee of my Trust, so I can do pretty much whatever I want with it.

- Dad doesn't want Bro to be Trustee of his own Trust, because he'd rather the assets not be spent on drugs or otherwise wasted. So, at the estate planning attorney's suggestion, a neutral 3rd party will be Trustee, namely, someone from Dad's credit union's Trust Department.
I have no idea what the procedures will be for Bro to request money from his Trust, or for the Trustee to disperse the funds. I'm guessing the Trustee will approve rent money but not drugs; but money is fungible, so it's a mystery to me how any Trustee can ensure the money will go only to good causes. Maybe the Trustee will simply send Bro an allowance, to be paid monthly until the money runs out?

- Since Dad's house and cars have all already been sold, all his remaining assets are liquid. So theoretically it should be simple to divide, but at 96 Dad's still chugging along, so we haven't crossed that bridge yet.

- If Dad still had a house, then at his death I'd get it appraised. If any of my siblings wanted to keep it, for whatever reason, then its value would come out of their share of the liquid assets. Depending on the values of the house vs other assets, they might have to bring money to the table to buy the other siblings out. It would be an algebra problem, pretty straightforward IMO. I'd let Dad's attorney handle as much of it as possible.

- It's good to plan for your demise, but there may well be many years before that where you'll need help. Starting when Dad was in his mid-80's, I helped with bill-paying, hiring housekeepers, later hiring caregivers, making medical decisions, etc. Dad's having named me POA, medical POA, and Trustee was a huge help in my ability to get things done.

So that's where Dad's affairs stand. I think you'd be well served by consulting with a good estate planning attorney (alas, you might have to interview several before finding one you like, but that's similar to anyone else you hire).
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