Legal Question in Wills and Trusts in Pennsylvania
About two years ago, my mother-in-law assisted my husband with some legal expenses/attorneys fees etc as well as some personal debt. My mother-in-law took out a home equity loan to pay these expenses. For unrelated reasons, she sold her home about one year later and used the proceeds from the sale to pay back the equity loan and the remainder of the proceeds were put into her checking account. After the sale of her home she moved in with my family for about 6-8 months before going to an assisted living facility. She unfortunately died in July of 2009.
My husband did not have the POA nor was he the executor, his older brother was. My mother in law's will divided all assets equally among her three children. The money she had paid out for my husband two years earlier was not set up as a loan and payback of this money was never discussed. My husband at one point told her that she could adjust her will to account for the money she had formerly given him, but she said she did not want to do this. She had helped out my husband's sister on many occassions throughout her lifetime.
My husband's sister at the time did not know about the money my mother in law gave my husband, but is now saying that he should not receive the same amount in inheritance because of the money that his mother had formerly given him. In other words, this amount should be deducted from his inheritance.
My question is, if the will was never changed by my mother in law, and if the money my mother in law gave my husband was not documented as a loan, can my sister in law sucessfully contest the estate?
1 Answer from Attorneys
If the money was a gift, then it need not be repaid.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
