Legal Question in Disability Law in California

Gift Letter Received for $95K Gift - Now being sued by Gift giver.

My friend in California was given $95k by his father to put down as a down payment on his first house (he used an existing home equity line to give the money). Friends' mother had passed away the year before after a brief cancer fight; this was his fathers' way of thanking him for being there before, during, and after her illness (he identified his moms' body at the morgue for his father). His father signed a gift letter (very detailed from the bank - clearly stating repayment is not expected).

Once the loan was done, house was bought, my friends' father started mentioning the gift constantly - $600 a month I'm about to pay to the credit line for your house...So my friend started to send checks to him to help out (and so he wouldn't have to hear about the "hardship" of $600 a month, also lots of manual labor around his fathers house, always paid for lunches when they went). Anyway, within a year they were estranged. His father had started dating someone my friend did not approve of (its a long story). No more checks were sent. Fast forward 1 more year and my friend was served last week - being sued by his father for breach of contract & money given and received. No mention whatsoever of the gift letter in the summons (and the considerable time it took both of them to obtain the gift funds).

We know we need to find a lawyer to send the response within 3 weeks. Our questions: Does the gift letter trump what his father is now calling a loan? What kind of lawyer do we need to get (Family law? the fathers' lawyer is a family lawyer). Any information that anyone has would be very helpful. Thank you in advance!


Asked on 9/28/10, 2:24 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

An attorney will be able to give you an answer after reviewing all the documents, facts and issues with you. Anything else would be mere speculation. However, you are right that you need to defend and file your Answer and any other appropriate pleadings. You need an attorney experienced in civil litigation. Feel free to contact me if serious about doing this.

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Answered on 10/04/10, 12:58 pm


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