Can an elderly person of sound mind and without coersion, gift items to their children without it later being contestated upon their death?

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Can an elderly person of sound mind and without coersion, gift items to their children without it later being contestated upon their death?

Gifting while still alive.

Asked on January 22, 2012 under Estate Planning, Illinois

Answers:

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

Answered 9 years ago | Contributor

Yes, indeed they can.  And often estate planners will tell them to gift during their life time so that there is less of an estate to probate.  But remember: this will not stave off a proceeding to try and set aside a transfer or contest a Will if an item given away prior to death but mentioned in the Will is no longer part of the estate. It may be a good idea to speak with an attorney about this all and discuss maybe a new Will. Good luck. 


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