Beaverton, OR asked in Estate Planning and Family Law for Oregon

Q: I have a question about will distribution.

I'm the executor of my father's estate.The will states that I have a loan balance that's to be included as an asset of the estate and it's to be included in the distributive share of me,his son.Does this mean it's to be distributed to the other heirs?

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1 Lawyer Answer

A: Let's say that you have two siblings, for a total of three of you. Let's say the estate is worth $90,000 after all creditors have been paid. Without the loan, you would have each received $30,000.

But, let's say that you owed $6,000 to your father. You've said the will is clear about you paying back the loan. One way of looking at it is that the estate is worth $96,000. You each get $32,000, but part of that is funny money. But, you will need to pay your siblings for the note, out of your share. You give $2,000 to each. You personally, actually inherit the right to collect from yourself, the other $2,000. That's $2,000 for each of you. Your cut at the end, is $26,000. It all totals up to the $90,000. You got 26K, they got 32K and 32K.

The other way of getting there is you each get $30,000 in cash and a 1/3 interest in the note. You pay off the 1/3 interest in the note to each of the siblings. You give $2K to both. So your cut drops to $26K and their cut goes up $2K. Still, we get to $26K for you and $32K for your siblings.

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