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Loren
Loren, Attorney
Category: Estate Law
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Experience:  30 years experience in the practice of estate law.
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Can cash gifts be made after death. My dad died 3 years

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Can cash 'gifts' be made after death.
My dad died 3 years ago and mom died last week. Sister is executor (A). Will and trust leaves everything (money, stocks, IRAs, house, car,and everything else) to the 4 kids (A,B,C,D) equally with no specific bequests. The estate is less than 2 mil. No probate. There are no creditors. There is alot for sister(A) to do so estate wrapup/distributions up will take several months taking us into next year 2014. Mom gave kids (A B C D) max gifts of 13k every December (None this year)-We count on those for g'kids college expenses.
Question: Can Sister executor (A) make 'gifts' of 14k to each of the 4 kids (A B C D) one week after mom died out of bank account and moms multiple November required mandatory distributions?
Thank you for using JustAnswer. I am Loren and I will do whatever I can to answer your question and provide you excellent service.

My condolences for your loss. I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

The executor of an estate is bound by their fiduciary duties to follow the provisions of the will. The executor may not override the will to make gifts from the estate not contained in the will. Of course, nothing would prevent anyone from making gifts from their own bequest, but it could not come from the estate via the executor directly.

It is my privilege to assist you.  Let me know if you need further information.  I hope I have helped you feel informed and empowered in the service I have provided to you.  I am here for you.

Since this forum is no substitute for your own legal counsel, you may want to verify the information I have provided with a local attorney who is familiar with your local laws and procedures.

I am happy to answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. 

Thank you.

Loren 
Customer: replied 3 years ago.

Hi Loren:


Thank you for your condolence and response. I should have been more clear. We were promised a 14k gift from mom in December (for sons tuition). She passed last week. My share of the estate will be in hundreds of thousands but not distributed in time for tuition due date I don't want to take out a school loan. Sister executor said she would just send 14k gifts to me and each of the 3 other kids named in the will out of moms bank account. is that permitted. If not can she just advance me 14k out of the bank account to of course be deducted at time entire distributions made.

Thank you for following up with me Russ.

Unfortunately, the promise of a gift is not legally enforcible and once someone dies their will or the intestate statutes, if there is no will, control the disposition of the estate assets. It would be a violation of the executor's fiduciary duties to pass out estate assets and circumvent the will. The executor could be held personally liable for such acts.

I am sorry.

Loren
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Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated. Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser): http://www.justanswer.com/law/expert-Loren/


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated. Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser): http://www.justanswer.com/law/expert-Loren/


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated. Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser): http://www.justanswer.com/law/expert-Loren/


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated. Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser): http://www.justanswer.com/law/expert-Loren/


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated. Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser): http://www.justanswer.com/law/expert-Loren/


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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