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My mother passed away she had no will, but she disbursed ...

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My mother passed away she...
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
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Answered in 22 minutes by:
2/1/2008
Lawyer: LEV, Retired replied 9 years ago
LEV
LEV, Retired
Category: Legal
Satisfied Customers: 30,132
Experience: Taxes, Immigration, Labor law
Verified

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
LEV, Retired
Category: Legal
Satisfied Customers: 30,132
Experience: Taxes, Immigration, Labor law
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Customer reply replied 9 years ago
the grandchild has sent the family a letter requesting a paper trail. do we have to answer the lawyer
Lawyer: LEV, Retired 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.

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