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Estate claim for home improvement gift

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JohnH

Junior Member
What is the name of your state? NY

My mother passed away recently and during the Informal resolution of her estate a sibling submitted a claim against the estate for home improvements and other household items they paid for that were given to my mother as a a gift prior to her death. Over the last 16 years my other siblings and myself also made improvements to our mother's home and in addition sent her monthly cash gifts. No other siblings or myself made any claims for the gifts we had given to our mother, they were given as gifts!

The representative selected by the estate executor (another sibling) suggested paying the claim. Since the home improvements were given as a gift I don't think the estate is responsible to pay the claim. None of my other siblings or myself have made a claim for the gifts we had given our mother.

My questions are:

1) What are the steps that I need to take to respond to disallow the claim by my sibling?

2) Is anyone aware of similar cases in NY state and were the claims allowed or disallowed?


Thanks for any assistance.
 


JohnH

Junior Member
To keep peace in the family the executor is suggesting we allow the claim. The claim is approximatley 6% of the estate. The claimant is not willing to provide receipts saying most of the materials and contractors were paid in cash.

Thanks for your help.
 

Dandy Don

Senior Member
Isn't this person also getting a portion of the estate as their inheritance? Sounds like black mail to me--explain to that person the concept of what the word gift means. How much money are they asking for? There is no need or reason to "keep the peace"--what could the person possibly do to "disturb the peace"? Time for someone to grow up and to be informed they should stop being greedy.
 

QandA

Junior Member
And, if the sibling refuses, I would suggest that everyone put in a claim as well for all the home improvements and monthly cash gifts that they sent mom. It should certainly level the playing field.
 

noname87

Member
If this person has no proof of what was spent, why does the executor feel that this is a valid claim. Don't you need recepiets, bills or cancelled checks?
 

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