Legal Question in Wills and Trusts in Georgia
Gifts of Real Property Returned in Will
I deeded real property to my mother 13 years before her death as a gift. Her intention was for me to get it back at her death. My siblings are now trying to take it.
In her will she said: ''All items given to me as gifts must be returned to the giver''
''The Deed reads: FOR AND IN CONSIDERATION of love and affection and other valuable considerations, the undersigned, _________________ does hereby grant and convey unto ________________, the following described property, to-wit:''
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Would this be a gift that must be returned to the giver?
Has there been any cases in Georgia such as this?
1 Answer from Attorneys
Re: Gifts of Real Property Returned in Will
I haven't done any specific research on the issue you present, but the statement that she would return all gifts seems too vague to be enforced by the courts, especially as related to the real property. If she had wanted you to have the real property, she should have specifically put that in her will. Her oral statements would not take precedence over her will. That deed language is very common in transactions between family members.You have not stated whether she mentioned real property in the will, but I am assuming that she mentioned real and personal property and who it was going to.
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