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
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD
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Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
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Jean Ball
Hale Ball Carlson Baumgartner Murphy PLC
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
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Meet Judith Mitnick
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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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