Can mothers gift now be considered a part of the estate?
Question Details:Back in 1989 we were building a home. My mother wrote a check dated 1989 and gave us $75,000 towards the house. She said it was an advance on our inheritance. We started to have children and neither of my brothers had kids. This basically separated the family. In 1998 my Mom told me the $75,000 is a gift and to use it to put my kids through college. Now Mom is dead and my younger brother is the executor. The will says nothing about the $75,000 by my bother says I owe the Estate the $75,000. What do I do? Can he win if he sues us which he said he will do?
Whether or not your brother can win this, I don't know. I'm a bit surprised that he's threatening to sue, since what would be far easier, from his perspective, would be to add the $75,000 into the total estate, and then subtract the $75,000 from your share, unless there aren't enough assets left to do that. It's actually better for you that he's doing it this way, because otherwise you'd have to start the proceedings by filing objections to his final accounting.
Either way, you need a lawyer. Who wins is going to depend on what can be proved, first whether it was given as an advance, and then whether Mom turned that into a gift. Documents are the best evidence, then impartial witnesses (if any).
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