Can my siblings force me to pay money back that our late father gave me?

UPDATED: May 28, 2014

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Can my siblings force me to pay money back that our late father gave me?

My 3 siblings were named as executors of our father’s estate. In hos Will it reads that every thing is to be divided equally among the 4 of us. They want me to pay back the money my father gave me while he was living, can they force this to happen? Also, he had CD’s that were stated payable upon death, do they go through probate?

Asked on May 28, 2014 under Estate Planning, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) No, they cannot force you to repay anything gifted to you by your father while he was alive. Regardless of what a will says, a person is free to dispose of his/her assets however he/she likes while alive (e.g. sell them, gift them, trade them, etc.); since the will only comes into effect on death, it has no legal effect or force prior to death.

2) If the CDs by their terms were payable to named individuals, they would go to those individuals without going through probate. If they were payable to your father or his estate, they will go through probate.

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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