Legal Question in Wills and Trusts in Texas
Money (loans/gifts) made by deceased-repaid to estate by hiers
The executor of my grandfather's estate has found
cancelled checks going back four years prior to my
grandfather's passing. For example, X-mas gifts, misc.
cash gifts, school/books, etc. The executor now says
that these cash gifts were loans to me(hier) and will
be deducted from my part of the inheritance. Is this
legal and what rights to I have concerning monies that
the deceased gave the other hiers prior to his death?
Can the executor deduct X-mas gifts from my part?
1 Answer from Attorneys
Re: Money (loans/gifts) made by deceased-repaid to estate by hiers
Absent any evidence that the gift was intended as a loan I cannot see the executor having a proper legal basis for reducing the bequest. Under TX law it is presumed that a lifetime gift is not given in total or partial satisfaction of a legacy, unless there is some evidence that suggests otherwise.
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