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Part of Estate or not...?

  • 06-03-2011 9:09pm
    #1
    Scotty #
    Registered Users, Registered Users 2 Posts: 3,782 ✭✭✭


    If a parent 'gives' money to a (adult) child and then dies, should that money still be considered part of the deceased's estate?

    By 'gives' I don't mean as a present for their own use. The money was to cover certain expenses and to carry out certain wishes not covered in the will.


Comments

  • #2
    johnfás
    Registered Users, Registered Users 2 Posts: 1,342 ✭✭✭johnfás


    Depends on the circumstances and the terms of the gift. You should seek legal advice. This is the sort of issue on which you can readily seek outline advice at your local Free Legal Advice Centre (www.flac.ie). Make sure you bring along as much documentation as you can and be clear of the circumstances in your head.

    We don't give legal advice on specific instances here.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    depends if it was an absolute gift, a donatio mortis causa or an agreement to do something which was not done (in which case the estate has a cause of action for breach of contract). It would be impossible to answer (nor would it be desirable to) answer such a question on an internet forum. Whoever is advising the personal representative would come to a view which of the above three it was.


  • #4
    Scotty #
    Registered Users, Registered Users 2 Posts: 3,782 ✭✭✭Scotty #


    Thank you for the replies.
    johnfás wrote: »
    We don't give legal advice on specific instances here.
    I understand. I am trying to stay within the charter and ask a general question.
    gabhain7 wrote: »
    depends if it was an absolute gift, a donatio mortis causa or an agreement to do something which was not done...

    It was not a gift. Lets say it was an agreement to do something which was done. Pay funeral expenses, debts, etc. and the remainder of the money (>€20K) was given to the ultimate beneficiary (eg. spouse).

    Should the executors solicitor request that that money be returned to the estate for the purpose of probate?


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