Legal Question in Wills and Trusts in Ohio

giver wants money back

My aunt recently passed away 3 months ago. Three years ago a gentleman friend gave her money. She spent some and put some in a CD. She left the money in the CD to a few family members. He has now notified the family wanting the money back. He now states he gave it to her ''to hold'' which is not true. Does he have any legal right to get the money back? She has no estate and the money paid for her bills/funeral/etc.


Asked on 5/02/07, 9:37 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: giver wants money back

Generally, if the money was intended as a gift, then the giver has relinquished it. If the money was intended as a loan and the lender is able to prove as much, then he may become a creditor to the estate. It is not clear what is meant by money given "to hold"-- a gift, a gift with conditions, a loan? It seems to me that would have to be proven.

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Answered on 5/03/07, 6:15 am


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