Do I have to pay back money that the executor gave me?

My aunt (executor of her brother’s Will) gave me (a named inheritor 25%) $50,000 from her brother’s bank account that she jointly owned as survivorship. Do I have to pay her back now that she found out it was not part of his estate? I am in bankruptcy and cannot get a loan; I have spent the money.

Asked on August 20, 2012 under Estate Planning, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the money was not part of the estate - and it seems that it was not - then she can try and recover it from you.  I would speak with your attorney in the bankruptcy and the trustee as to the matter as soon as you can.  Good luck.

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