Can I be forced to pay back gifted money by an estate? 6 Answers as of December 03, 2011

Can I be forced to pay back gifted money by an estate?

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Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
Yes, in certain circumstances. For example, there are circumstances where the distributee (the recipient) of an estate distribution that is subject to a priority claim (for example, a contingent claim that has become absolute) is responsible for the claim (or a portion thereof). A distribution made in error may also be subject to claim by other distributes, taxing authorities and preferred claimants. You should seek the advice of an attorney who can help you understand your rights and obligations.
Answer Applies to: Indiana
Replied: 12/3/2011
A "GIFT" by definition vests in the new owner, unless there is a reversionary interest attached. Reversionary interest in the context of real property or wills and estates means a reservation created in a real property conveyance that the property will revert back to the original owner upon the happening of a certain event. You must look to the document controlling the gift to determine is the gift was reversionary.
Answer Applies to: Georgia
Replied: 11/30/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
The question is not real clear. In rare cases an estate may need to take back money that has been paid out, because of unanticipated claims. Or, if the PR is asserting that you got money wrongfully while the person was alive, maybe they are seeking to recover. So, yes, there are times, but they are very rare. Someone would need to look at the particular case in hand to decide whether this is right. If there's enough money on the table, it's worth getting some advice.
Answer Applies to: Oregon
Replied: 11/30/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
There is too little information to answer this question. When was the gift made, who made it, why was the gift given, how much was it, why does the estate contend that it needs to be repaid.
Answer Applies to: California
Replied: 11/30/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
An estate cannot make a gift. It may have made a bequest. Was it court approved? How much time has passed since court approval. These questions need to be addressed. I suggest that you retain an attorney to review the record. If the court did not approve the distribution, then the answer is probably yes. If it did order the distribution, the answer is much more complicated.
Answer Applies to: Nevada
Replied: 11/30/2011
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