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Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 5664
Experience:  28 Years in General Practice and Estate Planning
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If I accept a cash gift and a car that my mother gave me

Customer Question

If I accept a cash gift and a car that my mother gave me before she died, but has been withheld from me by my brother in law, would I be jeopardizing my plan of contesting the TRUST? Its been nearly 2 years, and I havent been able to do anything because of funds not available. Now my brother in Law (whom I believe wrote my mothers so called trust, and appointed himself trustee) is stating that I can receive the one time cash gift of $10,000. and he will send me the paperwork for the car my mother left me before she died only if I give him an address. WEll he kicked my 7 year old daughter and I out of our home that I lived in all my life with my mother and we have been staying at a friends in the desert since. Is there any reason why he would be wanting me to put in writting the address where we are currently staying? He has the address, he has sent us some of our mail and package for my daughter with her clothes before, so he has the address, but my question is why would he continue on asking me via email for the address in writting? am I over looking something? am, I being paranoid? or is there something I dont know? thanks for your time
Submitted: 2 months ago.
Category: Estate Law
Expert:  Attorney2 replied 2 months ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 2 months ago.

Did you receive the car and the gift prior to her death? Are you online with me?

Customer: replied 2 months ago.
My mother gave me the car before she died but my sister had asked to barrow it while she would take my mother to her dr.s appnts. and the cash gift is something that was in the TRUST, after she died. My brother in law named himse3lf as full trustee, and totally left me out of it, our home that my mother and I lived in together was in an original trust for myself and a sister who lives in Nashville. After my mother passed, I was dealing with my oldest sibling (whom was not included in the trust for the family home) and 3 weeks after my mother passed she decided to tell me that I need to deal with her husbend now. This was news to me, and to top it off, he came up with a trust in my moms name, stating that he has power over all of her properties, bank accounts, (which I had power of attormey and shared the CHASE account for the last decade) and all of her insurance benifits,safty deposit boxes, property, ect...its ridculous. My mother never mentioned anything like this before she died, and we were very close. And it took my sister and him to mention it 3 weeks after her death. So I know it isnt real, I know he made it up, but without my mother being here to confirm that, I need to contest it. He also changed the family home TRUST for my house into my mother as being named trustee, therefore it gave him power to kick my daughter and I out and sell it. Whats so obvious is that why would any person who knows they are dying change a trust that they have had since 1985, and naming her two daughters as benificiaries, and right before she dies change it to her name being sole trustee, and beneficiary, right before she die, and give her oldest daughters husbend FULL AUTHORITY and sole trustee of this new TRUST. Oh did i mention that my oldest sibling was not included on the original trust for the family home.
Expert:  Attorney2 replied 2 months ago.

First and foremost your mother can give you as many gifts as she wants an the only issue is how the gift is taxed. So what he is telling you is in fact not true.

"If you give someone money or property during your lifetime, you may be subject to federal gift tax. IRS Publication 950, Introduction to Estate and Gift Taxes, gives you a general understanding of when these taxes apply and when they do not. It explains how much money or property you can give away during your lifetime or leave to your heirs at your death before any tax will be owed.

No tax owed. Most gifts are not subject to the gift tax, and most estates are not subject to the estate tax. For example, there is usually no tax if you make a gift to your spouse at your death. If you make a gift to someone else, the gift tax does not apply to the first $11,000 that you give that person each year.

No return needed. Generally, you do not need to file a gift tax return unless you give someone other than your spouse money or property worth more than $11,000 during a year.

No tax on the person receiving your gift. The person who receives your gift or estate will not have to pay any gift tax or estate tax because of it. Also, that person will not have to pay income tax on the value of the gift or inheritance received.

No income tax deduction. Making a gift or leaving your estate to your heirs does not ordinarily affect your federal income tax. You cannot deduct the value of gifts you make (other than gifts that are deductible charitable contributions).

What IRS Publication 950 contains. If you are not sure whether the gift tax or the estate tax applies to your situation, see Publication 950. It explains in general terms:

  • When tax is not owed because of the unified credit,
  • When the gift tax does and does not apply,
  • When the estate tax does and does not apply, and
  • When to file a return for the gift tax or the estate tax.

California does not have a gift tax or an inheritance tax. However, California does still impose a death tax equal to the federal credit for state death taxes. This is commonly called the "pick-up tax".

In addition, the California Inheritance Tax Law provides for a generation-skipping transfer tax equal to the allowable credit amount under the federal Generation-Skipping Transfer Tax provisions. For more information, see Tax Information on the California State Controller's website.

Offers in Compromise" http://www.taxes.ca.gov/income_tax/specialind.shtml

Further, if your mother left you other assets in the trust they are yours and no one can change the terms of the trust other than your mother. The trust document prepared for your mother has her name the Trustee. How did he become trustee?

Expert:  Attorney2 replied 2 months ago.

Something is not right in this situation and I have no idea if your mother or others modified the trust. In fact this sounds like fraud. Where did your mom reside at the time of her passing? You need assistance from a local estate/probate Attorney. Many provide FREE consultations. Are you still online with me?

Customer: replied 2 months ago.
let me clarify, I believe my brother in law has forged a TRUST for my late mother stating that he is the sole trustee and the beneficiaries are my two older sisters and my 8year old daughter. The trust says that I am excluded but there is a gift of 10,000.00 dollars for me. Before my mother died she gave me a car, although my brother in law had possession of it so after she died he attached it to the trust. Its been nearly 2 years and now he is saying for me to send him my address so I can sign papers and he will transfer the car to my name and he will give me a check for the $10,000.00. I want to contest the trust once I get funds to hire an attorney. I have spoken to quite a few lawyers and they say that I need to contest the trust but I need to retain them as well. I am trying at the moment but it is difficult. My question is, if I accept the cash gift, (so then I can use t he money to hire an attorney) will I be jepordizing my right to contest the Trust? Also if the trust names only my sisters and my daughter why would he be now giving me a car from the trust? My b
Expert:  Attorney2 replied 2 months ago.

let me clarify, I believe my brother in law has forged a TRUST for my late mother stating that he is the sole trustee and the beneficiaries are my two older sisters and my 8year old daughter. The trust says that I am excluded but there is a gift of 10,000.00 dollars for me.

That is exactly what this sounds like to me.

if I accept the cash gift, (so then I can use t he money to hire an attorney) will I be jepordizing my right to contest the Trust? Also if the trust names only my sisters and my daughter why would he be now giving me a car from the trust? No because the gift was made before she died as you stated above. I have idea what he is up to. The only reason for his actions, in my opinion, is that he thinks he smarter than everyone else and can get away with this.

Do you have a copy of the trust? All I can tell you is this is no doubt fraud.

Expert:  Attorney2 replied 2 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my time and work I would appreciate it.

YOU DO NOT NEED TO PROVIDE A NEGATIVE RATING TO RECEIVE A REFUND.

Expert:  Attorney2 replied 2 months ago.

Do you have any additional questions for me? You can use the money but don't sign anything waiving your rights.

In fact it may be best to contact a local attorney for a FREE consultation before making any moves. Where in CA was your mother residing at the time of her death?

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