Uncle loan to grand-nephew, part 2

On Aug 2, 8:14 am, se...@panix.com (Seth) wrote:

> Couldn't executor give Grand-nephew the loan as part of his share of
> the estate?

Yes, if the Will in fact provides a bequest to Grand-nephew.   There are lots of possibilities, and treating the payment as an inter vivos gift in lieu of a bequest, or as a loan to be repaid from the recipient's bequest, are among the possibilities.   The default assumption under which I was discussing the issue was that Grand-nephew was not mentioned at all in the Will but I tried to think of some of those other possibilities in passing.   Your scenario is one real possibility I hadn't thought of.

Of course, if executor does that and Grand-nephew disagrees, then it is Grand-nephew who would have to initiate court proceedings and would have the burden of proof that he was entitled to receive more from the estate.

When someone like OP asks a very specific question but doesn't provide enough specific and pertinent facts to fully analyze the situation, the answer is usually "it depends".

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