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Repayment of an advance on inheritance

Mesa, AZ |

An advance of inheritance was given as a down payment for a house, the person it was given to has died so no inheritance will be given to this person. The husband has the house what recourse is there to get the money back?

Attorney Answers 3


  1. Why would the money go back? Usually if a beneficiary survives the decedent the inheritance has vested and it goes to the beneficiary or the beneficiary's estate.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.


  2. Thank you for your questions and comments. Before answering, I would need to know how the husband works into this relationship / question? Was / is the husband married to the beneficiary who received the advance? And I am assuming the grantor of the advance is still alive, correct?

    Scott A. Mac Leod is licensed to practice law in Arizona. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.


  3. It sounds like the "advance of inheritance" was a completed gift. If there were conditions to the gift made to the decedent, then I suggest you contact an attorney to understand your legal rights.

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