Estate Law
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Answered in 15 minutes by:
8/10/2019
Category: Estate Law
Satisfied Customers: 351
Experience: Attorney at Law Office of Jeffrey Gaffney
VerifiedHow bad was mom's dementia by April 2019? Do you have enough medical evidence to show that she was not capable of making that decision?
I don't think you could get anywhere with tax fraud; if Mom had the capacity to make the gift, then she had capacity to include the taxes on it as part of the gift.
But did Mom have that capacity? How bad was she in April 2019? Can sister show evidence that she deserved it, and that you didn't?
If you can show all that, then I would call it fraud and elder abuse.
Does that help?
She would have had to sign something to make the withdrawal (unless she had previously given your sister permission to do it for her and the annuity company knew this).
What level of mental capacity will her medical records show at that time? That is the key question.
Don't forget to rate my answer.
Category: Estate Law
Satisfied Customers: 351
Experience: Attorney at Law Office of Jeffrey Gaffney
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