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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6777
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My sisters fiancé died & left 25,000 in silver in a safe @

Customer Question

My sisters fiancé died & left 25,000 in silver in a safe @ my moms house where they live. He had nothing but $$$ in government debt which was never paid when they met! He told my sister if he died, keep half & give the rest to my family. She gave them more than half, but they want it all, they say it's rightfully theirs! No will & they lived together for 6 yrs! Who's is it rightfully?
Submitted: 1 month ago.
Category: Legal
Expert:  Irwin Law replied 1 month ago.

Basically, with that type of property it is often difficult to say who it "rightfully belongs to". Your sister could have claimed that he gave it all to her as a gift, but she was trying to do what she thought was right. His statement to her basically does constitute a gift, at least to her, because he gave her actual possession, which he did not give to his family. Therefore, it could be argued that at least as to half of the property, the gift was in fact completed before he died. The family would have a very difficult time proving otherwise in court

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