Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

We received a financial gift from my wife's grandmother to

Customer Question
buy a house. Now her...
We received a financial gift from my wife's grandmother to buy a house. Now her son took over her finances and is trying to take the money back. What are his chances? She's 87, but she was deemed of sound mind by her doctor at the time.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: AZ
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: We do have a notarized letter that we intend to have her move with us, but we didn't specify a date on it.
Submitted: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 12 minutes by:
8/15/2016
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 20,289
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Attorney Phillips. Welcome to Justanswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Estate Law Question
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago

If the gift has already been made and received, it cannot be taken back. The gift is complete after you have received it.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
She was deemed mentally competent by her doctor and we do have a signed document stating that we plan to move her in with us but without specifying a date .She hasn't moved in with us yet due to her recent aggressiveness and the fact that my wife is about to deliver in a few days. We took her to a doctor in hopes that she will change her meds and get her aggressiveness under control (she made death threats against my pregnant wife).Right now her son came down from where he lives (about 200 miles away) and took control over her durable and medical power of attorney. He no longer allows us to see her (he changes the locks on her house). We still fully intend
Do you think he can use that against us successfully in court?
Customer reply replied 1 year ago
We still fully intend to move her in with us
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago

Thank you for the information. However, I do not understand your question. What is her son going to use against you?

Have you already received the gift?

Was the gift contingent on her moving in with you and your wife?

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Her son is claiming that she was taken advantage of due to her state of mind, but we do have a letter stating she's of sound mind and can make decisions for her estate.Yes we received the gift of $200k and bought a house with it. We have been living in it for two months now. The grandmother hasn't moved in with us yet. We decided to wait until her state of mind is back on track is she was making death threats against my pregnant wife. We still, however, fully intend to move her in with us when her new medications take effect. She's 87As far as contingency, we did sign a notarized letter stating that we intend to move her in with us, but we didn't state a date. The grandmother gave us the money first.
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago

Thank you for the clarification.

The gift is complete and cannot be taken back.

I do not see how the son can use her not moving in immediately against you since there is evidence that she is receiving treatment. He cannot undo a gift that has already been used.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
What if we couldn't provide an evidence that she's receiving new treatment? her son took over and he might have stopped the treatment. Or she might have received the treatment. We have no evidence at our disposal
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago

You can only provide the information that you have. In any event, since you have indicated that the gift was not contingent on her moving in with you, then the son cannot get the gift back. The gift has been completed and cannot be rescinded, based on the information that you have provided here.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Ask Your Own Estate Law Question
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 20,289
20,289 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Wealth Management Question When the Estate tax is supposed
Wealth Management QuestionWhen the Estate tax is supposed to be paid in case If one buys his son a house as a gift while he is still alive? Does the son need to pay the taxes immediately after his fat… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
If there is sale of property in an estate, is the allocation
If there is sale of property in an estate, is the allocation of funds up to the executors or all the heirs?… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I am one of the beneficiaries of my grandparents estate. In
I am one of the beneficiaries of my grandparents estate. In the closing documents, my grandparents put in a paragraph regarding the trust for my aunt. It states that the bank which is currently the tr… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Is the executor of an estate responsible for deceased's
Hello,Is the executor of an estate responsible for deceased's credit card debt . Deceased had no property and no car just a few certificates of deposit she left to her daughter who is the wife of the … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am an executrix of an estate. We are selling Real Estate.
I am an executrix of an estate. We are selling Real Estate. I was notified that in order to get Title Insurance the insurance company needs me to fill our a questionnaire. They are asking if Fed/State… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Are you an estate lawyer? Mother and father divorced. Fathet
Are you an estate lawyer? Mother and father divorced. Fathet signed house share of the house to ex wife under rights of survivorship which is indicated on deed. … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I was just corresponding with Barrister, an Estate Lawyer. I
I was just corresponding with Barrister, an Estate Lawyer. I have another question. I am the Executrix of my father's estate. My step mother who has Alzheimer's and lives in a memory care unit will re… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Inasmuch as the current federal estate tax for 2010 is zero
Inasmuch as the current federal estate tax for 2010 is zero (until changed), it is important to know whether there is a 100% carryover basis for estate assets or whether there is an allocable $1.3 mil… read more
Bill
Bill
Master's Degree
2,278 satisfied customers
My sister is the executor of my parents estate. The will
My sister is the executor of my parents estate. The will states that everything is distributed 50/50 (just 2 of us). My mom passed away May 2016 and my dad December 2016. The house was sold in June 20… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
The question regards to an estate if there was a will naming
Hi the question regards ***** ***** estate if there was a will naming 2 family members each get 50% of the bank accounts normally how long does it take to transfer the assets?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I"m an executor of an estate that has designated real estate
Hello - I"m an executor of an estate that has designated real estate to be inherited by a relative. There is no mortgage associated with the property.The issue is that the estate, without the property… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
This is regarding an ESTATE if the named beneficiary (who is
this is regarding an ESTATE if the named beneficiary (who is not in the will), they have to turn over the 401k assets from the deceased to be dispursed according to the will?? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a beneficiary of real estate property in an estate by a
Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
The executrix of my aunt's estate sold the real estate and
The executrix of my aunt's estate sold the real estate and didn't inform the beneficiarys or make any payments as the will instructed. … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
Estate question. I am an Executor of an Estate. The person
Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have more estate issue: right to occupancy vs. life estate
I have more estate issue: right to occupancy vs. life estate and what it means if a tenant is renting outside the primary residence. The deed is set up 50% trustee (me) and 50% stepmom's trust. Trust … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
475 satisfied customers
Does CO Estate or CA estate law, since the home is located
Does CO Estate or CA estate law, since the home is located in California, require the home to have an appraisal at a required point in time after the death of the decedent whose home is in a trust?I a… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x