Legal Question in Wills and Trusts in California
A Gift, Taken Away
I received a car from a friend, my friend bought this car and gave me the keys, said it was for helping him through a difficult time. He said that the car was mine, he even ordered personal plates that have my name or email address that includes my name, he said we would go down to DMV and have it registered in my name as soon as possible. I received a call from my friends landlord, saying that he was calling on behalf of my friends sister,(said she couldnt bring herself to call me,herself) the reason for the call was because my friend had commited suicide, and that I was to return the car to the landlord the following day. Did I have to return the car? What right does the landlord and sister have in taking the car from me? The landlord had mentioned to my roommate over the phone, that the sister knew my friend had given this car to me. Is there anything that I can do to get my car back?
2 Answers from Attorneys
Re: A Gift, Taken Away
Thank you for your inquiry.
Generally speaking, the law says that once a gift is delivered and accepted it is final, as long as it was not a conditional gift. It sounds to me like the vehicle was an unconditional and irrevocable gift.
There are several possible approaches to getting the vehicle back, which include but are not limited to an action in replevin, attempting to get a constructive trust placed on the property, or perhaps an action for conversion of the property. One way or the other, you should get the vehicle or its value returned to you.
A first step may be to have a lawyer write a demand letter and/or open up some kind of dialogue to see if the vehicle can be acquired without resorting to legal action.
Please don't hesitate to contact me personally if my services can be of help to you. Best of luck.
Re: A Gift, Taken Away
once a gift is accepted it cannot be taken back.
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