Legal Question in Wills and Trusts in Virginia

Re: gift to grandchildren

You are absolutely correct, ie., your mother's will will not take effect until she passes and in the meantime, any part of her assets which she gives away to others are gifts and have nothing to do with the will.

Sister Sib had best focus her attention on something more productive rather than trying to "horn in" on a gift to Grandma's children which has nothing to do with what Sib might receive under the will at some future date.

Her theory that she should be entitled to "even things out" by siphoning off half of what your mother has given to your children as a gift before her demise based upon an instruction in her will as to how will assets are to be distributed is without any legal basis and furthermore, is ethically repugnant.

Re: gift to grandchildren

Your mother can do whatever she wants with her

money, although it must be her decision.

It is correct that the will has no effect until

a person dies. The will takes effect only upon

what remains of a person's property when they

die. Therefore, if they give everything away

before they die, there will be nothing left

at the time of their death.

However, it may be your mother's own plan to

"even things out." Although it is her decision,

it may be her decision to try to even things out.

But no one else can make the decision except

your mother.

However, there is a standard procedure, if

someone wants to use it, to "advance" an

inheritance during one's life. This is not done

by accident, however. There would be a deliberate

decision to give someone now what they would

receive later as an inheritance. It depends on

what your mother intended.