What to do if during the sale of my grandmother’s house, my uncle granted his step-grandson a $9,000 equity gift as part of the sale?

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What to do if during the sale of my grandmother’s house, my uncle granted his step-grandson a $9,000 equity gift as part of the sale?

Per the terms of the Will, the estate was to be spilt between my uncle and I since my mother and my uncle’s sister, have passed. Effectively a portion of the estate payout was reduced by $4,500. Can my uncle legally do this without my consent?

Asked on June 12, 2012 under Estate Planning, Indiana

Answers:

Bradley Boyum / Boyum Law Firm

Answered 9 years ago | Contributor

Nebraska Probate law requires that once someone passes away the assets in her estate are reported to the court by filing an "Inventory."  Unless your Grandmother stated specifically in her will that she wanted to gift $9,000 to her step-great grandson, and she wanted the gift made prior to distribution to beneficiaries, then that gift would come out of your Uncles half of the estate.

Assuming you and your Uncle are the only beneficiaries, under these facts the estate should be split between the 2 of you equally.  After he received his portion of the estate he could then gift the money to his step-grandson.  That would decrease only his portion of his inheritance.

The court monitors distribution of assets from estates.  Bring this issue up to the court.  In short, he can gift money to his step- grandson but he can't do it from your money.


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