(This is just random curiosity, we have no wealthy relatives we’re waiting to kick off.)
A pleasantly well-off man decides to get his affairs in order. His estate is worth 2 million dollars. He has four children he loves equally, and nobody else he wants to even leave his collection of belt buckles to. Here’s what he decides on:
Adam will get the chunk of range land the father has been leasing out for decades.
Beth gets his nice rural house and all its furnishings.
Cathy gets the family heirloom the father somehow ended up with, a minor piece by some well-regarded 18th century artist that’s been on loan to some museum for ages.
David will get what’s listed as ‘everything else’, basically bank accounts/investment accounts/the jug of pocket change accumulated over the father’s lifetime, whatever.
By amazing convenience, each of these allotments are worth damn near $500,000. Father gets them all together for dinner some night and tells them what he’s decided. Everyone is basically happy: Adam thinks a guaranteed income for doing nothing is nifty, Beth wants the house for her growing family, Cathy has artistic aspirations, and David is an entrepreneur who always has Great New Ideas and can use funding.
Time passes.
Father stays well, but things start going badly. He’d jumped into various investments that hadn’t paid off, the IRS had hit him with an audit and a subsequent BIG fine, and of course all the usual bills kept coming in and going up. To deal with all that, Father had had to cut back on lifestyle, liquidate various investments, mortgaged the house, and even sold off about half of the range land to the rancher who’d been leasing it in order to keep up the payment schedule he’d negotiated with the IRS.
THEN he died (peacefully in his sleep, why not?) without having made any changes to his will.
I’m guessing the IRS will get their money, first of all. Probably gloms onto any of the sorta cash immediately. The bank will get their money from the sale of the house, with any leftover going to the IRS if necessary. Let’s say between those two sources the debts are fully satisfied but Beth and David have zippo of what was supposed to be their inheritances. (Well, David maybe gets the jug of coins.)
Does Adam just get the smaller piece of land? Does Cathy still get the painting? (Which actually has gone up in value for ‘art’ reasons.)
Or is the whole estate piled together, cashed out, the debts paid and A, B, C, and D get 1/4 each of the remainder? As sort of acknowledging the Father’s obvious intent and discussions with the lawyer that he wanted to treat them equally?
Who is going to get what?