Planning Ahead

questions & answers

Question: When my mother was living she put my sister's name on my decease fathers money and now she has passed. What should be done with the money my sister has. Shall if be divided among the siblings?

Answer:

Title to property can be transferred by a rightful owner (your mother) to another person (your sister aka the “transferee”).  Challenging the transfer requires a lawsuit with evidence that the transfer was NOT valid under contract law (for example, if the deceased transferor was not the “rightful owner” or she lacked mental decision-making “capacity” at the time she transferred it to your sister.) Such legal claims, not apparent on these facts, are inherently difficult to prove, especially ante-mortem (after the death of the transferor.).

QUESTIONS

  • When my mother was living she put my sister's name on my decease fathers money and now she has passed. What should be done with the money my sister has. Shall if be divided among the siblings?

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