What can I do if my brother claims that my mother gave him $75,000 as a gift before her death but he has no documents to support his claim?

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What can I do if my brother claims that my mother gave him $75,000 as a gift before her death but he has no documents to support his claim?

Shortly before her death my mother took out a mortgage of $75,000 on her property to provide money for my brother to buy a house. My brother claims that this was a gift but has no documents to support this. I understand that it was an “advance of inheritance”. Does my brother have to prove that it was a gift. No gift tax was paid.

Asked on April 18, 2012 under Estate Planning, Florida

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have ensued.  If you are challenging the distribution then you need too do so legally and through the probate process.  Who is the person appointed as the personal representative of the estate? I would look in to the documents that dealt with the house purchase.  Some times banks require that there be a gift letter from the person who gave the money to the borrower.  Banks will not lend if there are too many debts out there.  This could support his case if there are no other documents between your Mom and Brother or no Will to evidence the debt.  Get some help here.  Good luck.


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