Equal Distribution Despite “Forwarding of Inheritance”

Court-approved settlement between guardian of the estate of the decedent and one of the decedent’s children precluded claim against the child for funds of the decedent that had benefited the child during decedent’s incapacity.  The court also found that the child’s share of the estate should not be reduced by a lifetime gift of an interest in the decedent’s home, despite a letter stating that the gift was intended as a “forwarding of inheritance as well as an investment in the property,” because the property had been sold by the guardian and the child had received none of the proceeds of sale.  The court therefore exercised its equitable discretion to order the estate divided among all of the children in equal shares.  Tarquini Estate, 5 Fid. Rep. 3d 132 (O.C. Montgomery 2015) (Opinion by Ott, J.)

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