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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118765
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My Dad gave me $8,000 to help cover medical bills, does my

Customer Question

My Dad gave me $8,000 to help cover medical bills, does my sister have right to take that amount of money away from me upon the death of my Father out of my inheritance?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your father gave this gift to you within 2 years of his death, then the administrator of the estate must prove in probate court that it was given to you in contemplation of death by a preponderance of the evidence. She cannot just take the money out of your inheritance, she has to prove somehow that the money was given to you as an advance on your inheritance because your father knew he was dying (in contemplation of death). If she has no evidence of that, then she could not legally justify taking the money from your inheritance and you would need to object to that in the probate court.