My MIL recently passed. H's brother has always handled her finances. Technically, there is no will/probate because all of her assets were put jointly in the kids' names awhile ago (no property at this time, just cash/investment assets).
(the thread title probably isn't accurate since he may not be considered "executor".)
H's brother lent H's sister money to pay for her D's private LAC. She has paid some of it back, but not all of it...she makes monthly payments and is current. BIL is now saying he's going to subtract the amount that she owes, in full, from her share. SIL doesn't want him to do that, and H agrees. She should be allowed to continue making payments if she wants, since that was their agreement.
It doesn't seem that BIL should be able to just "pay himself back", but I'm thinking that there isn't a way to really stop him. He's just going to issue checks since he has the check-writing power....and seems to be able to strong-arm the situation. BIL used to have a LOT of money and was very generous to SIL when lending the money. However, he's had some financial set-backs and he seems to think this is a way to rectify his situation quickly. (He still has a good bit of money, but he's just not as affluent as he once was.)
We're thinking that it isn't right for BIL to take advantage of his position as "check-writer."
Thoughts?
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