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.
Local Elder Law Attorneys in Ashburn, VA
Meet Mindy Felinton
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Mindy Felinton
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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Meet Daniel Steven
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Daniel Steven
Daniel N. Steven, LLC
Daniel N. Steven is an attorney licensed in Maryland and the District of Columbia. with many years of experience in complex estate planning and Elder Law. He is rated by Martindale-Hubbell as an AV Preeminent 5.0 out of 5 rated attorney.
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