Elder Law Answers
Can an Agent Under a Power of Attorney Pay His Mother's Bills Even If His Mother Objects?
My 81-year-old mother lives in a continuing care community. She is bipolar and sometimes has questionable judgment. The ba...
Read moreCan an Estate Ask a Daughter to Return Money that Was Gifted Before Her Parent Died?
- March 15th, 2016
Q
My mother gave me money while she was alive and put it in my name in a bank account. She passed away several years later. Can the executor of my mother's estate request that the money that was gifted to me be returned to her estate?
A
If it was truly a gift, the answer is no. It's your money and no one has the right to demand it. However, there are "gifts" and there are "gifts." Did your mother intend for you to hold the money in case she needed it? Did she intend for you to share it with your siblings? Was she totally competent when she made the gift? Was the plan for you to use it to pay for school tuition, but then circumstances changed? Of course, I’m just making these situations up, but the point is that circumstances may give the estate a legal or moral claim on the money even if it's ostensibly an outright gift.