Can my brothers claim part of my inheritance to repay them for moneythat my momgave me while she was alive?

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Can my brothers claim part of my inheritance to repay them for moneythat my momgave me while she was alive?

Her will clearly states equal portions to each of her 3 children. Now that she has died, they said that mom helped me financially more while she was alive and they are pressuring me to “even it up” by giving each of them some of my portion of her estate.

Asked on December 12, 2010 under Estate Planning, California

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  If your mother gave you money while she was alive -  money that was hers to give - as a gift and because she wanted to then that was her right.  Your brothers want to claim that it was a loan but unless they have proof of so, they are out of luck.  And unless they are going to try and prove some form of undue influence that you had on your mother they are also out of luck.  Do not give in to the pressure that they are putting on you.  This is a very difficult time and very emotional as well.  Just hold your head up high and do not get caught up in their wants.  The proceeds from the estate will be divided as the Will states.  Good luck to you. 


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