Legal Question in Wills and Trusts in Virginia

Estate gifts

My father was in a nursing home from 2003 until his death in May 2005. He had a POA,my brother, who was also named Executor of his estate when the will was read.The will stated that all of my faters assets both real and personal property are to be divided equally between my mother, myself,my brother and my sister. At the reading of the will it was determined that in Oct 2004 the POA, my brother, had distributed appx $60-70,000 of CD's my father owned to himself,his wife,my sister,her husband,her daughter and son in law ''gifts'' of $11,000 each to avoid estate taxes. No money was gifted to myself or mother. As an heir, can I requested a full accounting of my father's assets prior to and after his death? Since his will did not include those received ''gifts'' shouldn't that money be returned to the estate & distributed according to my father's wishes? The POA said that the ones who received ''gifts'' had agreed to return the funds if they were needed to care for my mother. Apparently this was a verbal agreement. The entire process of ''gifting'' my fathers assets before his death knowing he had a valid will just doesn't make sense to me...any recourse to be take??


Asked on 10/26/06, 12:34 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Estate gifts

Better see a lawyer about what you call the "gifting" aspect, and then, if appropriate, the commissioner of accounts overseeing the estate could be notified if there continue to be irregularities.

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Answered on 10/27/06, 8:09 pm


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