Legal Question in Wills and Trusts in Massachusetts

re inheritance - who has burden of proof in a situation where the estate had died and one of the two inheritance recipients has received a gift from the estate prior to death for proving that the money was not gifted. Would it be the person who received the monies needing to provide proof that the monies were gifted OR would the person claiming it wasn't needing to prove that it was not intended to be a gift?


Asked on 7/22/15, 7:28 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

There are specific rules for tax purposes that I would need to research. For purposes of estate administration, and depending always on the circumstances surrounding the gift, the person seeking to include the inter vivos gift in the estate would have the burden.

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Answered on 7/23/15, 4:25 am


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