Fenton, MO asked in Estate Planning and Probate for Missouri

Q: My mother passed away in nov. 2018, there is my sister, brother and me. My sister was POA. Also she was The executor. My

mom put my sisters name on checking account and title to condo so my sister had total control of all her assets. My mom has given me $12,000 about 4 years ago to buy a car. Never was discussed as a loan. After my moms death my sister decided that was a loan and she deducted that $12k from my share of inheritance. I would like to sue her for that money, I’m worried though that since my sis. Had her name on everything, the judge might say it was legally hers and she could do what she wants despite my mom having a will, which states assets to be divided equally 3 ways, the will was never filed. Thanks, please I need help!!!

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1 Lawyer Answer
David S. Schleiffarth
David S. Schleiffarth
Answered
  • Estate Planning Lawyer
  • Webster Groves, MO
  • Licensed in Missouri

A: For a "loan" or "gift" to count against your inheritance, there would need to be a writing from your mother stating it as such.

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