Parent Gift

[barney2008]

My mother passed away recently. While she was still living, she bought me a car as a gift. I did make some payments, feeling it was the right thing to do. But she told me more than once it was a gift, and I did not have to do that. However, she told my sister it was a loan. Now there is a question as to whether the amount can be taken out of my inheritance. My sister is executor. Can she legally take that out of my inheritance? There is nothing in writing either way.

 

[dee_dub]

It's not up to your sister's discretion. As executor, has a duty to collect on the estate's debts and execute the terms of the will. Whether it should be deducted from your share of the estate depends on whether it is characterized as a loan, a gift, or an advance against your share of the estate. Only your deceased mom knows what it really was, but surely you and your sister can rationally agree on what her intent was. If you can't, a court can determine it. (Question: if you thought it was a gift, why did you feel compelled to make payments?) If it IS a loan, maybe there's a provision in the will forgiving debts owed by children. Your best bet is to see an estates lawyer.