The death of a loved one often marks the start of legal tussles. The family of the deceased is often eager to know and acquire their share of the estate. Inter vivos transfers are gifts made during someone’s lifetime. These gifts can be in the form of money, real estate, or financial accounts. Inter vivos can lead to serious disputes when family members believe they were made unfairly or under pressure.

What Makes an Inter Vivos Transfer Problematic?

Not every lifetime gift is an issue. Many are given with good intentions. However, sometimes, these transfers happen under suspicious circumstances. In such circumstances, the rightful heirs are left with less than they expected.

Some red flags include:

  • Last-minute changes to bank accounts or property ownership.
  • A single beneficiary receives a large gift, leaving others with little or nothing.
  • A caregiver or relative suddenly gains control of assets when the person was in poor health.

Reasons to Challenge a Gift Given Before Death

If you believe a loved one was pressured or taken advantage of, there are legal ways to challenge an inter vivos transfer. Some of the most common claims include:

  • Lack of Capacity: The donor wasn’t mentally competent to make a financial decision at the time .
  • Undue Influence: Someone pressured or manipulated them into giving away assets they wouldn’t have otherwise .
  • Unconscionable Procurement: The recipient actively arranged the transfer. This raises concerns about fairness .
  • Interference With an Expected Inheritance: The gift significantly reduced or eliminated an heir’s share, and the circumstances were questionable .

What Makes These Cases Hard to Win?

Challenging a lifetime gift isn’t easy. Courts assume that people have the right to give away their assets as they please. To overturn a transfer, you must prove something seriously wrong happened. Some key challenges include:

  • You carry the burden of proof: You’ll need strong evidence that the transfer wasn’t fair.
  • Confidential relationships raise concerns: If the recipient was a caregiver or close companion, courts may take a closer look .
  • Lack of documentation: If there’s no clear record of the gift’s purpose, it can be difficult to prove intent .

If an unfair gift has impacted your inheritance, you don’t have to accept it without a fight. Contact The Williams Litigation Group today to discuss your case and explore your options