Legal Question in Civil Litigation in New York

Family member wants gift money returned

After taking care of my elderly grandfather for several years in my home, he gave me money to purchase a vehicle that could be accessible to him for doctor visits, shopping, etc. He gave this as a gift of appreciation to me. He is now living in another state with a family member. He has been diagnosed with dementia and since I was unable to give him the amount of time his care demanded a family member who does not work outside the home offered to take care of him. Now this family member is insisting, at his request, the money be returned to pay for funeral expenses should he pass away. Am I legally required to return this money that was given to me?


Asked on 4/21/05, 11:35 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Family member wants gift money returned

Not under New York Law. I would assume if you are here in NY, the other family member would need to sue you here, because the several thousand dollars involved in a car's value are insufficient to obtain jurisdiction over you in federal court.

More sunstantively, a gift is not a loan, and although an argument could be made by your grandfather that he gave the money to you as a loan to be repaid, or a gift with conditions, he would have to prove that. Did you or he enter into any written agreement?

What is most likely to happen, if he is in poor health, and mentally incompetent, when he passes away in SC, his estate will be probated or

the equvalent, where he dies. If this other relative tries to recover the money as a debt at that time you have many defenses.

The foremost would be that you cared for him as intended and the car is no longer worth what was paid for it, due to depreciation. If any of this does happen, or you are sued, see a lawyer.

Read more
Answered on 4/21/05, 5:19 pm


Related Questions & Answers

More General Civil Litigation questions and answers in New York