Follow
Share

I was POA and caretaker. My father told me he wanted to gift all his money to me. So I transferred all his money into my acct. plus I had POA and two days later he died unexpectedly. I find the will and it says to split three ways I have a brother and a sister-do I have to?? Since he gifted it all to me before he died?. Thanks for your help

This question has been closed for answers. Ask a New Question.
Echoing all viewpoints
Helpful Answer (1)
Report

Send, your exactly right!
Helpful Answer (2)
Report

While caregiving, a patient kept saying "You are worth your weight in gold". Just passing this on-they are grateful for your help, either in the moment, for the last two years, or ten years. This emotion does not supercede what is written in the will, or does not supercede the family's right to inherit.
Helpful Answer (2)
Report

Reset your moral compass to DO THE RIGHT THING.
Helpful Answer (4)
Report

I am following up on my post "It is the right thing to do." I, my opinion, both statements, is that your siblings should compensate you for any financial
hardship you may have incurred. thanks.
Helpful Answer (0)
Report

I would think that your attorney would give you the legal advice that you need. My sisters heirs were left out of her will. My sister is deceased. It was only reasonable to give her kids, 1/3rd.
Helpful Answer (1)
Report

Your siblings will know that dad has died & will have some idea of his finances. They may even have a copy of will and have their own "promises" from dad.

Who is named the executor in the will?
To me, how to sequence having the $ being re-set as an asset of the estate will be interdependent on who is executor.
Helpful Answer (3)
Report

It's more than the right thing to do - it is the only legal option!
Helpful Answer (1)
Report

Yes you have to, it is the right thing to do. Do it now.
Helpful Answer (3)
Report

ccclarke - to avoid a huge legal wrangle and possible criminal charges - if I were you I'd hot foot it down to the bank - open an account under The Estate of ___ , transfer back out ever cent of your dads money and hope to God your siblings never hear a peep about what happened.
Helpful Answer (3)
Report

Yes, you have to or you may end up going to jail for elder abuse/fraud.
Helpful Answer (1)
Report

thanks all for responding!!
Helpful Answer (0)
Report

There are some general guidelines for when someone wants to change a will or trust without changing the actual document. I don't recall the specific terms, but generally the person would create a memorandum, witnessed and notarized if I recall correctly, addressing the desired changes.

This would be later be documented in a codicil to a will or restated or amended trust. The memorandum would serve as the testator's/settlor's intent to make changes in that interim period before paperwork changes could be made.

At least it was this way years ago when I worked in this field; there may be new practices, procedures and statutes addressing changes by now.

I agree with Windy and Carla. Unless:

(a) your father was in perfect mental health and suffered from no dementia or confusion whatsoever,

(b) you took care of him for some time, sacrificing your own life to the extent that he wanted to compensate you, and

(c) your siblings are agreeable to these changes and don't suspect any back door shenanigans...

Then I think you're in for a will contest, and this can get nasty.

I'm curious why your father decided to make changes this way; did he contact his attorney to have them formalized or was all this verbal when he made his intentions known to you?
Helpful Answer (2)
Report

I agree with Windy. If your father had actually signed over deeds and accounts or changed his will, that would be one thing. But an oral promise followed by your action of moving his money into your account - I think you'll have a fight on your hands, and probably a losing one.
Helpful Answer (1)
Report

I have a feeling your sibs are going to come after you if they are aware of the will. How was this money gifted? Dad made some promise orally? This sounds really fishy to me.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.