Legal Question in Wills and Trusts in Ohio
Property given away prior to death and probate
Mymother died 10/01/02. She had moved into assisted living in July 2001. She asked me to dispose of the contents of her home at that timeto get the house ready for sale. I held a garage sale of items no one in the family asked to take. She told her grandson that since he was to get the house painted etc for sale to take whatever he wanted to take from the furnishings. He took an antique rolltop desk with him when he moved in Dec of 2001. If she allowed people to take whatever they chose, these items do not have to be returned now that she is deceased. Is this correct?The items were all taken or sold in August 2001, 14months prior to her death.
2 Answers from Attorneys
Re: Property given away prior to death and probate
All these items were disposed of prior to her death, and at her direction. As long as she was mentally competent when the items were disposed of, they all would qualify as gifts, and would not need to be returned. The roll-top desk was transfered in exchange for services, and would not need to be returned.
Re: Property given away prior to death and probate
None of the items would have to be returned, but the outright gifts might have to be reported on the Ohio Estate Tax return.
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