Have Legal Questions? Ask a Lawyer Now.
Every person has rights to spend his/her assets as the person wish.
As your mother decided to distribute her assets as gifts while she were alive - and not to leave any estate - she has rights to do so and the law protects her rights.
However, if your mother had any debts and refused to pay - such distribution may be viewed as hiding assets from creditors. Creditors may sue beneficiaries and if they win the judgment - assets may be garnished.
Another situation - if your mother received Medicaid benefits - each state has Recovery program that may garnish any gift made within 5 years. While some exemptions apply - it is possible.
No, you do not have to answer. Moreover - you better not to provide any answer without prior consultation with the lawyer.
The grandchild may file a lawsuit however - in this case - you would need to show up in the court may be required to provide some proof for your position.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).