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A
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B
Today's question comes from David in Massachusetts. My father suddenly passed away recently and did not make the will he always planned to create. He owned five properties and only two have mortgages. He also owned a business with a partner which brings in close to 1 million in residuals annually. My mother is not in the picture, and I have an older brother who has. Has a substance abuse problem. My father did not inherit any money from his parents and built all this from the ground up. So I want to honor him by making sure none of this goes to waste. My brother will waste away his half of the inheritance on drugs if he gets access to it. My name will be the only one on the death certificate, and our attorney will file for me to be the head of his estate. Is there anything I can legally do to prevent my brother from getting a lump sum?
A
You need to seek legal counsel that really knows what they're doing. No, I doubt it. I think he's going to get his lump sum unless he's declared incompetent by the court, unable to take care of his own affairs, and just being stupid or doing drugs is not going to cause that to happen. Stupid, immature drug person is not going to. That's not incompetent by legal terms. My mother's not in the picture. She is now. If you're. If they were married or if they are. If they were married at the time of his death, she's very much in the picture, whether you want her to be or not. So, again, we're not attorneys in Massachusetts, so you need legal advice in Massachusetts where you are. And my suspicion is Massachusetts has some wicked crazy probate laws because there's some other stuff on the books there that's wild. And so wouldn't surprise me a bit, but you need to find out what you're dealing with. Okay. So in most states, if your mother is alive and they're still married, she's gonna get at least half of these assets whether you wanted her to or anybody else wanted it to. And your brother. If not, if she's dead or they're divorced and gone or whatever, and she's really not in the picture legally, then you and your brother are going to get half each. And I'm not aware of anything you can do to legally prevent your brother from getting his half. Now, what I would do, if that's the case when you sit down with your attorney, is I would sit down with your brother and say, look, I love you dad loved you. I don't want you to use this to od. I don't want you to use this and have nothing to show for it later. If you would allow me to manage your half for you until you get through these, this part of your life, I will do that as a favor to you because I'm very afraid that you're going to end up with nothing. What do you think? And see what he says. And again, what percentage of guys in this situation are going to go, oh, yeah, why don't you take care? None. But it's worth asking. But that's probably. Persuasion is probably your only technique. Yeah.
B
Tough situation. So sorry for your loss.
A
Yeah. What does this illustrate? Illustrates. Everyone needs a will, period. And here's why. What you. What this guy did when he died suddenly is he has put a curse on his two sons. He left them with a mess because he didn't do a will. And so now you've got one son trying to navigate the older brother, trying to navigate the prodigal and try to do what dad wanted and try to think through and not. There's no direction and there's no legal binding anything. If your dad had simply left half of this in a trust for your brother, it would have taken an hour and a half to do that. Well, maximum. And if he'd left half of it in trust for your brother with you as the trustee to manage it. And upon such time as your brother exemplified positive behaviors, you release the trust to his control, which would be a fairly normal thing where you've got an immature kid or a kid doing drugs or whatever, you're going to hold it for him but not let them have it. Would it take it? Just, you know, it's just so those of you that are out there, do your freaking will. If you love the people that you're going to leave behind because you just, you screw up everything for the people you leave behind by not doing is an act of love to do your estate planning. Because now this poor guy David has got, this whole thing is sitting on his shoulders. He's the only adult in the story. Yeah. Just aggravates a pee out of me. So this is millions of dollars we're dealing with here. Yeah. And by the way, there's a partner in a business he was running with him that doesn't know what to do too. And I'm sure there's no freaking plan there either. So, you guys, I don't care if you got two nickels and a kid, you need a Will, because the kid is going to be controlled by the state. If you don't have a will that dictates who's going to take care of your kid, you're going to leave that up to the DMV people, the people that run the dmv. That's the level of competence you have when you're dealing with the state. No, I'm not leaving that up to them. No, I'm not leaving anything up to the government to decide anything, because I was too trifling to get my dadgum work done. And getting your will done is being an adult and getting your work done. Oh, man. Poor David. I'm so sorry, David. But I tell you what. If you want to, if you have a bunch of people, a bunch of kids that you don't like and you want to really mess up the next 10 years of their life, leave about $2 million with no instructions and a bunch of scraps of paper laying around of what they thought you wanted and watch them fight through it, and all the lawyers get the $2 million over the next 10 years and nobody in the family talks to each other the rest of their lives. It's almost a guaranteed formula.
B
That's right.
A
Yep.
B
It's like dropping a bomb off in.
A
The middle of a family. Yeah, exactly what it does. So just aggravating. David, I'm sorry you're facing that, but I wouldn't burn a ton of calories on your brother. It's not his fault. It's not his problem. He's his problem. He's what's known as an adult. And I wouldn't burn a ton of calories on anything except just getting this thing settled and moving your part over to the side and you go live your life like a responsible human being. And, oh, by the way, get a will. Did I mention that? Create your free every dollar budget today. The simplest way to budget for your life.
Date: October 10, 2025
Host(s): Dave Ramsey (Speaker A), Unnamed Co-Host (Speaker B)
Podcast Theme: Financial and life advice with a focus on estate planning and family complications
This concise episode tackles a listener’s emotional and practical dilemma: David from Massachusetts has lost his father, who left behind valuable properties and a business but no will, while David’s brother struggles with substance abuse. David asks if it’s possible to prevent his brother from receiving a lump sum inheritance that could fuel addiction. The hosts discuss both legal limitations and family dynamics, offering actionable advice and a passionate plea for all listeners to create a will.
If the parents were married, the mother—despite being “not in the picture”—may legally receive half the assets ([01:38]).
If not, or if the mother is deceased/divorced, the two brothers would likely each inherit half.
“I’m not aware of anything you can do to legally prevent your brother from getting his half.”
—Dave Ramsey [01:53]
The only hope: Persuade the brother to let David manage his share until he is more stable—though this is unlikely.
“Persuasion is probably your only technique.”
—Dave Ramsey [02:49]
Dave criticizes the father’s failure to create a will, calling it “a curse on his two sons” ([03:26]).
He underscores that, without a will, survivors face confusing, stressful choices, and the absence of clear instructions can split a family.
"If your dad had simply left half of this in a trust for your brother, it would have taken an hour and a half to do that. ... Would've just, you know, it's just... do your freaking will."
—Dave Ramsey [04:05]
Dave urges listeners to understand that estate planning is “an act of love” that saves family members from distress, conflict, and legal complications ([04:40]).
He points out the consequences even when large sums are involved:
“If you have a bunch of kids that you don't like and you want to really mess up the next 10 years of their life, leave about $2 million with no instructions ... and the lawyers get the $2 million over the next 10 years, and nobody in the family talks to each other the rest of their lives.”
—Dave Ramsey [05:25]
Dave expresses empathy but recommends that David focus mainly on settling the estate and moving forward with his own life.
“I wouldn't burn a ton of calories on your brother. ... I wouldn't burn a ton of calories on anything except just getting this thing settled and moving your part over to the side and you go live your life like a responsible human being.”
—Dave Ramsey [06:20]
On Family Disasters Caused by No Will:
“It's like dropping a bomb off in the middle of a family. Yeah, exactly what it does.”
—Dave Ramsey [06:19]
On Probating Without Direction:
“You're going to leave that up to the DMV people, the people that run the DMV. That's the level of competence you have when you're dealing with the state. No, I'm not leaving that up to them.”
—Dave Ramsey [05:00]
Closing Plea:
“Oh, by the way, get a will. Did I mention that?”
—Dave Ramsey [06:28]
The tone is direct, empathetic, and unapologetically urgent—especially regarding personal responsibility in estate planning. Dave Ramsey’s signature blend of tough love and practical advice underpins the entire discussion.
Key Message:
Do your will—immediately. No matter the size of your estate, failing to leave clear, legally binding arrangements can devastate families and squander hard-earned assets. Legal remedies have strict limits, and family persuasion, while worth a try, is rarely a solution when the law demands equal division.
For Listeners Who Haven’t Tuned In:
This episode is a sobering yet actionable reminder: estate planning protects your loved ones from pain, legal headaches, and unnecessary conflict. For families dealing with addiction or other challenges, the stakes are even higher. Don’t put your family in the position David now faces—make a will today.