QUESTION
Do I have to give money from the estate away?
Asked on Sep 23rd, 2011 on Estate Planning - New Jersey
More details to this question:
My mother passed away 3 years ago. Her boyfriend of 24 years just passed away and through POD left everything to me. There is no will. Now his sister insists I give money to his nephews. Can she do anything legally? And if I wanted to give something to them am I opening a door to trouble?
5 ANSWERS
Glen Edward Ashman
Without seeing the paperwork no one can advise you.
Answered on Jun 23rd, 2013 at 9:50 PM
Shadi Ala'i AlaiShaffer
You do not have to give anything to anyone. I suggest you consult an attorney if you plan on giving anything or doing anything. You should know what your rights are and based on the information you provided it doesn't appear you are obligated to give money to them. POD doesn't allow her to have any rights legally but again seeking a legal consultation is a smart thing to do.
Answered on Oct 03rd, 2011 at 5:30 PM
3 Awards
There is no concrete answer to this question. To adequately address your options you should speak with an attorney and address the timing of the POD account addition, the medical condition of the decedent and your options. We charge $100 for a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps, or if it involves reviewing documents and preparation in advance of the meeting, we charge $300 for the consultation, because there is over one hour of review and preparation for the meeting and one hour for the meeting.
Answered on Sep 26th, 2011 at 6:13 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Legally, if he put you as "payable on death" beneficiary then the money is yours. If you give the nephews anything, it will be gifts subject to the usual rules on gifts.
Answered on Sep 26th, 2011 at 5:21 AM
Criminal Defense Attorney serving Summit, NJ
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Stephen P. Dempsey Counselor at Law
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She really has no right to pursue you but it often avoids the possiblity of a lawsuit by offering them something and having them sign a waiver.
Answered on Sep 23rd, 2011 at 11:53 PM