My mother always sent me money for years before she died. She called the checks "stress relief money". My brother who is now the executor of her will wants to deduct the money she sent me from my part of the inheritance. Can he do that. Will is written that after her funeral and expenses are paid my sister gets house, cars etc. and any money is to be divided between the four of us. Can he deduct money given to me in the past from my part?
Legally, he cannot do this. But if he does it, you will need to hire an attorney to complain to the court. You should consider retaining an attorney to write to your brother and set him straight, before this goes any further.
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Elder Law Attorney
Mr. Frederick has the right answer. No your brother should not be able to offset the gifts that your mom gave you. However, it would be wise to hire an attorney to protect your interests.
It would be wise not to sign documents unless you understand what they really mean.
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5 lawyers agree
I agree with the other attorneys. Your brother cannot do this, and if he insists on doing so, you may want to speak with a local attorney as soon as possible.
The above answer does not constitute legal advice nor does it create an attorney/client relationship. Rather, my answer is intended only to provide general information about the question asked. The question may not include important facts that, if known, would change my answer significantly. Therefore, please do not consider my response to be a substitute for competent legal advice from a licensed attorney practicing in your state and with whom you have an attorney/client relationship.
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