Legal Question in Wills and Trusts in Indiana
My aunt gave my cousin $45,000 to "hold" for her until or if she needed the money. One week prior to my aunt's death, she requested the $45,000 be given back to her. My cousin refused. Now with my aunt's death, is my cousin required to put the money in the estate? If so, how do we go about forcing her to do so?
2 Answers from Attorneys
Talk yo the estate's attorney to see whether this was a gift or a trust arrangement. You will get a more accurate Answer from him.
If it was a gift, then the cousin will not be required to give it back, unless the aunt was incompetent when she gave the gift. The estate attorney will likely need to make the demand for its return, and if no compliance, will then have to seek the court's involvement in getting a court order for the return of the money to the estate. Definitely speak with the estate attorney.
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