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Home→Tags Donative intent

Tag Archives: Donative intent

No Gift of Checks Endorsed in Blank

Posted on December 23, 2024 by Daniel EvansDecember 23, 2024

The issuance of two checks by the decedent payable to himself and endorsed in blank was insufficient to establish gifts to the depositor of the checks when there was no evidence of the relationship between the decedent and the depositor, … Continue reading →

Posted in Opinions | Tagged Constructive trust, Delivery of gifts, Donative intent, Inter vivos gifts

Gift Was Result of Undue Influence

There was evidence of donative intent by the decedent to give her former son-in-law $500,000, but not $1,000,000, so the transfer of $1,000,000 by the decedent was a partial gift, but the gift was invalid because of the presumption of … Continue reading →

Posted in Opinions | Tagged Donative intent, Undue influence, Unjust enrichment

Surcharges Imposed; Ownership of Properties Resolved

One co-executor surcharged for legal fees paid to defend criminal harassment charge by beneficiary; another executor surcharged for payment of invoices for work supposedly done by the executor during decedent’s lifetime when there was a lack of credible evidence that … Continue reading →

Posted in Opinions | Tagged Donative intent, Executor Commission, Statute of Frauds, Statute of limitations, surcharge

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