Must money given to a beneficiary be paid back to an estate or be used to offset a share of an inheritance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Must money given to a beneficiary be paid back to an estate or be used to offset a share of an inheritance?
My father-in-law passed away after a lengthy illness. My husband was the youngest of his 5 siblings. His father’s Will specified equal division of assets among the siblings, even though 2 repeatedly borrowed large sums but never repaid them. When my father-in-law was ill, but of very sound mind, my husband and I had financial challenges and he insisted on helping us. Months later he failed mentally. My husband’s sister says he said to deduct the gift he had given us from my husband’s inheritance. Nothing was put in writing or added to the Will. There’s no proof that he said such a thing, he didn’t say it to us, and there’s no documentation. Do you believe my husband can obtain his missing share of his inheritance?
Asked on November 28, 2013 under Estate Planning, Indiana
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
Yes, if there was nothing in the will about this, then the will should be followed and the estate divided equally. If your sister-in-law is the executor of the will and is trying to do this on her own, your husband should challenge her in court. If you can, hire a will, trusts and estates attorney in your area to challenge the administration of the will.
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 AttorneyPages.com 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.