Legal Question in Wills and Trusts in Alabama
inheritance
my mother has helped me financially much more than my siblings. Her will divides everything equally. Can my sister claim the money I have received is an advance on my inheritance and try and subtract it (with help from an attorney)?
1 Answer from Attorneys
Re: inheritance
If your mother is still alive and is competent, she can specify in her will whether the gifts she has made over the years to you should come out of your share of her estate. If she does NOT specify that those gifts are to be offset against your share, then they cannot be offset. In other words, unless she says in her will that your share of the estate has already come to you through gifts and loans, then you should get exactly what everyone else gets. If you do not, you need to find a lawyer quickly.
William G. Nolan
www.NolanElderLaw.com