Legal Question in Wills and Trusts in California

My father gave me some money a few years back. Nothing signed nor agreed on repayment. I was going to attempt to pay it back down the road if money permitted. He passed a few months ago and now his trusts attorney is saying that I must pay it back via deduction in inheritance of life insurance. Is this legal?


Asked on 12/09/11, 4:32 pm

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

The question is, is it an actual loan, or did he intend it to be a gift. You should not post any additional facts, but confer with an attorney qualifed to handle this type of matter.

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Answered on 12/09/11, 4:43 pm
Anthony Roach Law Office of Anthony A. Roach

If you owed your father money, then you owe the estate money. Life insurance normally passes outside of probate, however, unless the trust or his estate was made the beneficiary of the life insurance.

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Answered on 12/10/11, 7:35 pm


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