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LEV, Retired
Category: Legal
Satisfied Customers: 29535
Experience:  Taxes, Immigration, Labor law
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My mother passed away she had no will, but she disbursed ...

Customer Question

My mother passed away she had no will, but she disbursed her assets before she passed, my sister predeased her. If she did not leave her children as part of the disbursements or name them as beneficiaries of any annunity, is the anything they can come after the remaining children for?
Submitted: 9 years ago.
Category: Legal
Expert:  LEV replied 9 years ago.

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.

LEV and 8 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
the grandchild has sent the family a letter requesting a paper trail. do we have to answer the lawyer
Expert:  LEV replied 9 years ago.

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.