Legal Question in Civil Litigation in California
Can a gift be void/voidable in the same way a contract can be? I have a friend who gave away his inheritance for crack. It seems to me that if he had sold it, the contract would be voidable since he was totally strung out at the time. Since it was done as a gift, do the same rules apply?
3 Answers from Attorneys
Nice try. While it might be possible to sue to 'rescind the gift' on the basis of mental incompetence to make a gift, who would he be suing, the local crack dealer? Even assuming there were legal grounds to successfully sue, if the proposed defendant has nothing, then nothing is what you would get out of the case. Now, if he is willing to accept the need to declare in the pleadings that he was incompetent and prove it with medical evidence, and if the defendant is someone who still has the inheritance or is able to pay that amount, and if he is willing to fund such litigation and incur substantial legal expenses and fees, and if the 'gift' was made recently so that the suit would be 'timely' within the stature of limitations, feel free to have him contact me to discuss.
I agree with Terry, as a practical mater it would seem to be very difficult to get the inheritance back. His intoxication however doesn't necessarily mean that the transaction was voidable.
Good luck and perhaps your friend should try getting int rehab rather than wasting his time trying to get his inheritance back. However if ti is a lot of more then call Terry.
Your friend might be able to avoid the entire transaction because the whole basis of it is an illegal transaction - the purchase of drugs. That assumes, as Mr. Nelson pointed out, the drug dealer has any money that your friend can find. Your time would be better served getting this friend into rehab as quickly as possible.
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