Can I keep what was given to me?

UPDATED: Oct 1, 2022

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Can I keep what was given to me?

Last year my father signed all his
property to mehis eldest daughter as
his caregiver to qualify for Medicaid.
My sister told him she wanted nothing.
My dad died in February and now my
sister wants half, can she take it from

Asked on April 10, 2019 under Estate Planning, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, she is not entitled to anything your father gave you while he was still alive: regardless of who might inherit what in the future, a person is allowed to gift, give away (or spend, sell, trade, etc.) any of their money or assets, including real estate, while they are alive, and what they do with their assets while alive completely overrules what might have happened to those assets, had the person still owned them, at death. The only way your sister could possibly challenge this would be by showing that one of the following was the case: 1) your father was not mentally competent when he did this, so the transfer is not valid (she would need medical evidence that he was not competenant at the time); 2) you threatened or coerced your father into doing this (and again, would need evidence); or 3) you committed fraud in some way, such as by tricking him into signing the property over or forging his signature (and again, would need evidence).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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