Legal Question in Wills and Trusts in California

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

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

1 Answer from Attorneys

Victor Waid Law Office of Victor Waid

You are strongly advised to obtain the assistance of a probate litigation attorney to defend you in this action to protect your share of the assets; I wiould not think the executtor of the will could include a prior gift as an offset to your distributive share of the will assets as set forth in the will, unless the will so stated.

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Answered on 10/07/13, 10:30 am

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