Legal Question in Wills and Trusts in New York
A friend of mine has given his fianc� a large sum of money for a deposit on a house which he was planning to share with her. The house will only be under her name. There is no paperwork or evidence of what the transfer of funds are for. The fianc� lives in a different state. She received the money and bought the house located in the state where she currently lives. Before my friend has the opportunity to enjoy his life with her, he passed away. Can my friend's parents sue the fianc� if she fails to return the funds to them since they are the next of kin as she is yet legally married to my friend?
3 Answers from Attorneys
She can claim it a gift. Tough case.
It is a very tough case indeed. Since the intention and result was for the house to be in her name alone your friend's estate has no legal rights to title in the property even if she acnkowledges that the money was towards the purchase of the house.
I agree with other authors - tough case and will probably be lost unless she acknowledges that she owes him the money and will repay it.
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