Legal Question in Family Law in Louisiana
Cash Gift
My wife�s grandmother (in Louisiana) has been living by herself for many years and her two daughters have not had anything to do with her in years. About two years ago my wife had to go to Louisiana because her grandmother was having surgery and no one else would help her. My wife went and took care of her for about a week and a half. My wife lived with her grandmother when she was little for several years. While she was down there her grandmother gave her $20,000.00 which was in a CD and told her she wanted her to have it and she also put her on her checking accounts so she could help her pay medical bills. My wife had the CD changed to her name and her grandmother�s also. The interest continued going into her grandmother�s checking account and we did not touch the CD in case she needed it. Back in April of this year her grandmother told her to change the CD to just my wife�s name only and she did but she left it where the interest continued going into her grandmother�s account. In July we received a call from a cousin of my wife and she told my wife that they had put granny in a nursing home. The nursing home now wants the $20000.00 that was given to my wife. What rights do we have?
1 Answer from Attorneys
Re: Cash Gift
Dear LawGuru Friend,
That is a complicated legal problem. The nursing home can't make you do anything without filing a suit against you and proving that (1) it has legal status to represent your grand-mother, and (2) that the money is in effect your grand-mother's money. Secondly, you have to decide for yourself whether it is your money or not, whether it is owned one-half each by you and your grandmother, or whether it is owned 100% by your grandmother. If it's hers only, then you have to decide whether or not you are still the legal custodian of it for your grandmother's behalf, or has somebody, such as your grandmother or a judge, changed the former relationship between you and your grandmother. If so, it might be appropriate to surrender it to your grandmother's new legal representative. If not, you should hold on to it for your grand-mother's use and benefit. If you know your grandmother gave it to you with the intention it should be yours, then it indeed is yours; as with cash, possession and phsical delivery while expressing disposative intention is sufficient to transfer title to money. If it is jointly owned, deending upon your agreement and transaction with your grand mother, you would simply treat it as such: one half for the use and benefit of your grandmother, and one-half for your self and for your own use and benefit. There is much ore to it all than this, but this is something to think about. Feel free to call me to discuss this at length. I do not charge for just talking on the phone. My phone is (337) 478-6126; FAX 478-9933; home/evenings-weekends (337) 478-4370; and e-mail [email protected]. Good luck! Don't make any quick decisions, and don't act until you are satified you know the right answer or answers. Good luck to you and to your grandmother! There is, of course, more to it all than this, but this is something to think about.
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA 70601
P.S.: What parish is this in? HMP
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