I was POA and caretaker. My father told me he wanted to gift all his money to me. So I transferred all his money into my acct. plus I had POA and two days later he died unexpectedly. I find the will and it says to split three ways I have a brother and a sister-do I have to?? Since he gifted it all to me before he died?. Thanks for your help
Who is named the executor in the will?
To me, how to sequence having the $ being re-set as an asset of the estate will be interdependent on who is executor.
This would be later be documented in a codicil to a will or restated or amended trust. The memorandum would serve as the testator's/settlor's intent to make changes in that interim period before paperwork changes could be made.
At least it was this way years ago when I worked in this field; there may be new practices, procedures and statutes addressing changes by now.
I agree with Windy and Carla. Unless:
(a) your father was in perfect mental health and suffered from no dementia or confusion whatsoever,
(b) you took care of him for some time, sacrificing your own life to the extent that he wanted to compensate you, and
(c) your siblings are agreeable to these changes and don't suspect any back door shenanigans...
Then I think you're in for a will contest, and this can get nasty.
I'm curious why your father decided to make changes this way; did he contact his attorney to have them formalized or was all this verbal when he made his intentions known to you?
See All Answers