Legal Question in Wills and Trusts in Georgia

Gift or loan

My grandmother bought me a car 7 years ago. She did this becuase of all that my wife and I did to help care her. She since has passed.

Now I'm told I owe the estate the cost of the car plus interest.

I never signed anything a loan note.

I'm told that when her accountant asked her about the money while doing her taxes she said she loaned it to me. (When she gave me the money she asked I not tell anyone even my mother because she did not want to upset anyone as she has 11 other grandchildren)

I never signed a loan note but because I gave her $500 and $100 when she was short money they say that proof it was a loan. I acknowledge I gave her $600 but it was not to pay back a loan it was to help her out when she had bills to pay (so she did not need to cash in a CD). I felt it was the least I could do being she had given us moneny to buy the car.

The estate attorney never contated me about the matter?

Should I owe the estate?

Thank you.


Asked on 11/19/08, 9:20 am

2 Answers from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Gift or loan

This sounds like a legal question for a judge or jury. If you don't feel that this was a loan, then you can argue that with them and present any evidence you have that this was a gift. Whether you have to pay the money back will be up to a judge or jury based on the facts both sides submit. I would think it difficult to prove for them since no writing existed. You will not get a definite answer on this, just legal opinions. The most damaging facts seem to be those stated; the accountant said it was a loan and there was some money going back to her. The Executor would be the one responsible for recovering the money so the estate attorney would probably not have called.

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Answered on 11/19/08, 10:06 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Gift or loan

You need to hire a lawyer immediately and stop hurting your case by discussing it with the lawyer who is working against you. Do not talk with him or the executor. Get a lawyer right away.

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Answered on 11/19/08, 2:29 pm


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