Is my niece legally required to return the auto she was gitfted by guardian of late relative?
Full Question:
Answer:
The answer will depend in part whether the guardians had power to make gifts for the ward. Guardianships may be either over a person, their estate, or both. A guardian manages the daily financial matters of the estate and/or provides care for the person. An inventory and appraisal of the estate is required to be filed in court and a bond may be required. If a gift is properly made during a person's lifetime, it's not included in the estate at death to pass through a will.
A will may have a residuary clause, which is often found in a will to dispose of any property not specifically named.
The following is an example of a residuary clause in a will:
"I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to ..."
I suggest consulting with a local attorney who can review all of the facts and documents involved.
