Troy, TN asked in Estate Planning and Probate for Tennessee

Q: IF THERE ARE CERTAIN ITEMS IN A DECEASED PERSONS HOUSE OR ESTATE DOES OWNERSHIP OF THOSE ITEMS GO BACK TO THE PERSON WHO

BOUGHT AND GAVE THOSE ITEMS AS GIFTS, OR DO THOSE ITEMS REMAIN AS PART OF THE ESTATE PROPERTY. MY SISTER AND I ARE BOTH EXEC. AS WELL AS 50 / 50 ON THE ESTATE. SHE THINKS SHE GETS EVERYTHING SHE HAS

EVER BOUGHT AND GIVEN MY PARENTS OVER THE YEARS. SOME OF IT FROM 20 TO 30 YEARS AGO. TO ME I FEEL LIKE IT IS PART OF THE ESTATE NOT JUST HERS. MY PARENTS BUILT THEIR HOUSE IN 1972/1973. IF IT HAS BEEN IN THEIR HOUSE ALL THIS TIME AND WAS A GIFT WAS IT NOT THEIR'S. PLEASE ANY INPUT ON THIS WOULD BE HELPFUL. IT IS A DAILY BATTLE OVER ITEMS. AS OF YESTERDAY SHE IS SAYING SHE JUST DECORATED MY PARENTS HOUSE WITH THESE ITEMS, THAT THEY WERE NOT ALL GIFTS. SHE BOUGHT AND PAID FOR THEM THEREFORE THEY ARE HERS AND WERE JUST FOR DECORATIONS.

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: Gifts transfer ownership of the gifted item from the giver to the recipient(s). Items your sister gave her parents belong in their estates. They do not automatically go back to her. If she wants those items back, then they would come out of her share of the estate.

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