Dear Eric: When my mother passed away, her trust was split mostly between me and my sister, with a small percentage to my sister’s two kids. My mother and my sister lived together. My mother provided the down payment on their house, and my sister covered most of the mortgage. My sister covered most of the mortgage.
I always have imagined gifting a percentage of my stake in the house to my sister because she has been responsible for providing care for our mother. I have no interest in forcing her to sell the house, pay me rent or buy me out, but also do not want to be financially responsible for the house.
My sister recently said she thinks she deserves more stake in the house. I don’t disagree, however, from my understanding, she also has received much more financial support than I have over the years. All in all, she is inheriting 55% of the estate, and I am inheriting 45%.
Originally, I was thinking I would gift her 25%, but with her kids’ percentages, I was thinking maybe 10 to 15% would be fairer. What do you think?
Eric says: In the best cases, inheritances, wills and trusts are our ways of communicating our wishes and our love beyond death. That can sometimes get misconstrued, though.
If I’m reading correctly, the house isn’t yet paid off, so it’s less an inheritance at the moment than it is an expense. The trust division doesn’t seem to account for any of your sister’s past mortgage payments. Instead, it’s as if they were rent payments to your mother. This is a fine way to think of them but doesn’t seem fair in this circumstance.
Indeed, if the 55% also includes her children’s share, and she’s going to be solely responsible for mortgage and upkeep going forward, she’s getting the short end of the stick.
One option is to have her calculate the amount she’s paid into the mortgage and the amount it will take to get it paid off, and, when she sells it, subtract that amount from the price of the house and divide the rest per the percentages in the trust.