Lexington, KY asked in Estate Planning and Real Estate Law for Kentucky

Q: Much has been given to my son. Real estate, automobiles, cash, and farm land adjoining my current farm .

He now has the small tract of farm land up for sale. Is there any legal way to stop such activity ? He is currently going through divorce and ran wife off, so he could take up with a married lady. Am wondering if there is some type document that can be filed for the return of equity that he has been given. It was done so to help him and his wife get off to good start, but now that is not happening.

2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: The thing about gifts is you can't take them back. The best you can do now, if you have other children or beneficiaries, is make sure your clearly takes into account these prior gifts as advances against his inheritance.

Just FYI, had you hired an attorney before making those gifts, there was much that could have been done to prevent this sort of thing.

Timothy Denison
Timothy Denison
Answered
  • Estate Planning Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: No. If they were given to him, they now belong to him and he can do as he pleases.

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