How to distribute a delayed inheritance?

UPDATED: Feb 2, 2013

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How to distribute a delayed inheritance?

My grandmother had some bank accounts in hers and her 2 daughter’s names; in her Will she named both daughters as co-administrators. She died and neither daughter filed as administrator until almost 2 years later. One daughter’s illness progressed and was she was put intoi a nursing home, so her son asked the other sister not to proceed with distribution because he did not want any additional funds in his mother’s name at that time. Then his mother passed away and the bank told the administrator the money was hers by law. Now the deceased sister’s son wants half the money but it would be considered a gift if she split the money. Is there a legal way to split the money without it being considered a gift? Her health isn’t good so she shouldn’t be giving “gifts” for various reasins.

Asked on February 2, 2013 under Estate Planning, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The money is a gift under the terms of the presumed joint bank account that was set up by the deceased grandmother that went to the two daughters under the laws of all states in this country. The bank account's proceeds should have been distributed shortly after the grandmother passed where each daughter would presumably receive one half of the account.

The distribution to the grandson would be what his mother's estate would be entitled to. Given the complicated nature of your question I suggest that you consult with a Wills and trust attorney to help you in the matter.

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 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.

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