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legal liability re: wills

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K

kwyoungberg

Guest
This is long so bear with me. I recently became aware that my mother(Dorothy) who has no survivors besides my brother, sister and myself, has named my sister who gets along with me the least, as her power of attorney and executrix. ( not the question) One of the reasons who I do not get along with my sister is that our grandmother gave my eldest daughter funds in the forms of certificates of deposit for her schooling. Grandmother(Eula) did not do this for other great-grandchildren. Anyway, grandmother died a couple years ago leaving all her money to her daughter, my mother. One of the certificates of deposit that was in my daughter ( sarah) name came due after my grandmother died ( this was unbeknownest to me) my mother, forged her mothers signature ( Eula) as grand mother was the purchaser of CD, and deposited the total ( about $45,000) in their joint account. Several months after that, another CD came due, ( for about $60,000) this one was in both my mother's and grandmothers name, however since my mother had previously cashed the CD that belonged to my daughter, she apparently felt obligated to give us the money from the new CD. I asked her several times if she wanted to give us the full amount since it was higher than the previous CD, and she said sure go ahead, and it was spent over the years for my daughters private schooling as her great-grandmother originally intended.
Now the conflict, in my mother's will, she states that her property is to be divided up among her three children, however itis also stated that the LOAN of $65,000 made to me, her daughter is to be subtracted from anything I recieve.

One, I am concerned that it is possible her estate would be so small as to, if $65,000 of my share was subtracted, I would owe the estate money
Two, It was obviously a gift not a loan, and although it was a larger amount than my siblings recieved at once, they also recieved similar amounts as gifts over the years
She is still alive and in good health, it was by accident that I found out the wording, and was very suprised by it, as the last I knew was that, I was the co-executor with my siblings
I appreciate any enlightment you can shed on my question
BTW I am in Washington state
 


ALawyer

Senior Member
If you have a loan due, you would owe it to her or her estate.

I don't know how you "became aware" but if this is something you worry about, you should discuss it with your mother, and perhaps have her give you a letter that the "loan" was satisfied, or that you get 1/3rd less $65k but owe nothing.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

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