Legal Question in Wills and Trusts in Illinois

My mother recently passed away and left her house to me. It has been sold and I wish to split the proceeds with my brother. Is this legal? If so, do I need to have any papers signed by either party?


Asked on 1/28/15, 4:17 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

If all estate issues have been handled, claims paid, and the funds are clearly yours, you can gift them away just as you could any other property you own. You should discuss gift tax consequences with a tax professional, who may advise splitting up the gift. Understand that in the event you have creditors seeking to collect from you, gifting away property may be argued to be fraudulent. Another option that your attorney may consider, if your brother would then be entitled to it, is a partial disclaimer of your inheritance. Seek advice to avoid a costly error.

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Answered on 1/28/15, 4:52 am


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