Legal Question in Wills and Trusts in California
Proving a gift vs loan
In 2002 my mother gave me $2,500 in the form of a check. Last year (2007) my mother died, leaving my younger sister as Trustee of her estate. I am a beneficiary. My sister sent me a copy of the cancelled check for this gift with a fragment of a letter (no date, no signature) that looks like my mother wrote to her stating that the $2,500 was a loan. I'm not sure why she did this but I know my sister would have been angry if she found out my mother gave me money. My sister is now demanding repayment although I have told her it was a gift. Can she legally force me to repay this money?
1 Answer from Attorneys
Re: Proving a gift vs loan
No. Just tell her it was a loan. If she still demands payment, ask her for a copy of the signed loan agreement. That letter she is referring to is between your mother and her. A loan requires mutual agreement between the lender and borrower. If you didn't know it was a loan, then it's not. Explain the circumstances to your sister. If she withholds the sum from your share of the inheritance, let me know.
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