Can my siblings force me to pay money back that our late father gave me?
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Can my siblings force me to pay money back that our late father gave me?
My 3 siblings were named as executors of our father’s estate. In hos Will it reads that every thing is to be divided equally among the 4 of us. They want me to pay back the money my father gave me while he was living, can they force this to happen? Also, he had CD’s that were stated payable upon death, do they go through probate?
Asked on May 28, 2014 under Estate Planning, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
1) No, they cannot force you to repay anything gifted to you by your father while he was alive. Regardless of what a will says, a person is free to dispose of his/her assets however he/she likes while alive (e.g. sell them, gift them, trade them, etc.); since the will only comes into effect on death, it has no legal effect or force prior to death.
2) If the CDs by their terms were payable to named individuals, they would go to those individuals without going through probate. If they were payable to your father or his estate, they will go through probate.
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