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Subject:  Re: inheritance vs gift Date:  5/9/2013  1:55 PM
Author:  TMFPMarti Number:  118593 of 127617

In order to more easily manage his finances, SIL put all of FIL's assets (< $250k) into her own name. A bad idea, as it would've sabotaged his Medicaid eligibility, but since he died (in 2011) before that became an issue, no harm done on that score.

She recently sold FIL's condo, and will send DH a check for $18k (DH's share of the net proceeds).

Sez who or what?

DIY estate planning strikes again, aided and abetted by DIY guardianship. I'll bet Peter's next paycheck that nothing was done to document a gift from FIL to SIL, so she really was his nominee, not the owner in fact. Which means that the property was his, not hers, when he died. Which means distribution of it is subject to the terms of his will. Will? What will? Which means administration and distribution of his estate is subject to the whims of the state.

Which means SIL needs to consult a lawyer yesterday.

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