How prove that payment of a gift was not misappropriation of funds?

UPDATED: Sep 13, 2011

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How prove that payment of a gift was not misappropriation of funds?

My husband was doing the books for parents. They gifted their house to him plus $60,000 cash. We got the house but they did not get around to giving us the cash and his mother passed. He has a letter from the attorney stating that they owed the $60,000 to him. Before his mother died he got verbal permission to transfer the funds to his account. He did not do that until after she passed and confirmed with his dad that it was okay to do so and he agreed. The siblings feel this is misappropriation of funds and are demanding we return the funds.

Asked on September 13, 2011 under Estate Planning, Wisconsin


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

Answered 11 years ago | Contributor

I am so sorry for your loss.  I am a bit confused here.  If his Father is still alive then his Father can also gift the money to hi with out the consent of any one or any repercussions.  So why can not his Dad tell his other children that this was his and his Mother's wishes and that will be that?  Because if his Dad does indeed tell them then really: that will be that.  Gifts can be given to your children during your and their life time.  I would speak with "the attorney" that you mention here about the matter.  Maybe he can help to put the matter to rest.  Good luck.

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