California  |  Wills and Trusts

Legal Question

Asked on: 10/07/13, 5:35 am

My Mother left my Brother a house and me 75k. She willed we split the remainder from the trust. She had gifted me money in the years prior. She never described it as a loan; once I offered to pay it back and she told me no. Nothing was ever in writing. Now my brother and his attorney are demanding a "true up" of all monies distributed from the trust in the 8 years prior and then deducting it from any of the inheritence over the 75k. My Mother fully intended to gift me that money because of aid I gave and of years I spent maintaining the properties she had and sold (which actually added to her wealth a great deal). Can my brother request and enforce this "true-up" in California code? It seems he is re-wrting the will. Thanks

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