✩ Tankesley v. Thompson - Advancements Under a Will
Posted: March 13th, 1996 by Gaslowitz Frankel LLCOur client was given several substantial gifts of money during the last two years of his mother’s life, and he invested all of the funds in a new business he had started. His mother died intestate (which means without a will), and the court-appointed administrator took the position that the money given to our client constituted an advancement against his inheritance. The probate court ruled that our client’s mother gave him the money as an investment in his new business, based in large part on evidence presented at trial that each check included “investment” in the memo line and that several witnesses testified that his mother often had expressed her intention that her four children share equally in her estate no matter what gifts she had given them during her lifetime. The Court of Appeals agreed1, finding that a presumption of a gift being an advancement was rebuttable by such evidence.
1 220 Ga. App. 641, 469 S.E.2d 853 (1996)
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