Legal Question in Credit and Debt Law in Massachusetts
cash as gift
My grandmother gave me $2K cash to help me pay bills since I lost my job. She told me I didn't have to repay the money because I always helped her and I was her only grandchild. Sad to say, she died a month ago, and my step grandfather is asking me to repay the money my grandmother gave me as a gift and claiming it was a loan. There is no paperwork, nothing signed or anything about a loan because my grandmother didn't consider it a loan to me, only him saying this. He made some threats about getting a lawyer to get the money from me if I don't pay it back. If my step grandfather takes me to small claims court for this money, will I have to repay it even though my grandmother didn't want it to be repaid? I don't have any money and he knows this.
3 Answers from Attorneys
Re: cash as gift
Sounds like a he said/she said situation, which ultimately depends upon the quality of the evidence ;))
Re: cash as gift
If he takes you to court, he will have a very hard time proving a loan because there was no promissory note. I wouldn't worry about it until he actually files in court, if ever.
Re: cash as gift
Please accept my condolences for the loss of your grandmother.
I concur with Attorney Cheong.
However, in order to document your position, you may want to prepare a letter to the Executor or Administrator of your grandmother's estate and state your position.
In the event that a claim is filed, you should probably retain an attorney.
Best of luck.
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