Metairie, LA asked in Estate Planning for Louisiana

Q: Can my sister sue me for gifts my mother gave me while alive?

Mom died 7 months ago. Mom had a line in her will that stated, "all donations inter vivos which I have made to any of my children are intended as extra portions and collation must not be required of any of my children." I was moms sole caretaker. My sister did nothing. Mom gave me permission to use her debit card to pay her bills, take care of her needs, and told me for anything I may need. In fact, my mother's exact words were, "the money is yours to use. You're the one taking care of me. Help yourself out too." Over 5 years, I may have used between 15k and 20k for personal use. My mom was aware of these transactions and told me it was fine. Does the line written in the will mean my sister can't come at me for the money? She is trying to sue me. It should be noted my sister is not disabled nor under 24. She is 61 years old. It should be also noted that my mother dies with over 200k in profit sharing and a 265k house. She was far from broke and helped me when needed.

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Baton Rouge, LA
  • Licensed in Louisiana

A: I am sorry for your loss and that there's conflict in your family at this time. But in answer to your question, based on your post and because there is conflict with you and your sister, I recommend that you consult with a succession attorney to specifically advise/represent you in connection with your mother's estate. Good luck.

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