Legal Question in Civil Litigation in New York

Re: Can I Be Sued for a Monetary Gift?

Anybody can sue for anything. So yes you can be sued.

I think you are asking whether your Aunt can sue you and be successful, and the answer to that is that it depends on a variety of factual circumstances that are not described in your question.

First, what is your relationship to your late mother's estate? Are you an executor appointed under a will? An administrator if there was no will? an heir?

Second, what is the relationship going on with your aunt and grandmother? Has your aunt been appointed as her legal representative in some manner because your grandmother is incapable of making decisions? If so, did you know or have reason to know that your aunt was responsible for managing your grandmother's affairs?

Third, how was the $3,000 paid? Did your grandmother just give it to you? Did she say she was "lending" $3,000 to you? The words used are extremely important.

Most of the time, funeral expenses will be reimbursed by an estate if a will is probated or it goes through administration. If that is happening, you might be able to convince the Court that even if it deems the money to be a loan, then it was a loan to the estate and not to you, personally, and she has a claim against the estate and not you.

If it was a gift, you have no responsibility to pay her back, assuming that she gave it of her own free will and was legally competent to know what she was doing at the time it was made.