Legal Question in Civil Litigation in Illinois

Re: Gifts

Of course, it is impossible to predict the ruling based simply on your statement, as the judge and the jury would hear both sides. His testimoney is likely to be different from yours, and it would be your job in that case to prove his testimoney incorrect. However, based on your statement, I think you would have a good chance of prevailing. I tried a similar case to a judge and jury in Chicago, representing a woman in your position, and the jury returned a verdict quickly in our favor. Some of the jurors remarked to me later that they thought the plaintiff, the man, who happened to be a psychologist, "needed help" himself. If your ex sues you call me. Larry Stein, (630) 221-1755.

Re: Gifts

If you can prove that you were given these things, you�ll be able to keep them. The burden to make such proof rests with you, the donee. To constitute a valid gift, it is essential to prove the delivery of the property by the donor to the donee, with the intent to pass the title to the donee absolutely and irrevocably, and the donor must relinquish all present and future dominion and power over the subject matter of the gift.

It will be hard to prove that the third item, the property that was not yet delivered to your son, was a gift since �it is essential to prove the delivery of the property by the donor to the donee� and in fact, it has not been delivered. If you delivered the third item to your son early (before his birthday) and after your ex told you he wanted it back, it cannot reasonably be said that your ex delivered it to your son through you.

After you testify to the circumstances of how the gifts were made, the donor, your ex-dating-friend, will have an opportunity to explain why his delivery of property to you or your son was not a gift. The judge will decide who he/she believes.

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