Legal Question in Family Law in Texas
My wife's grandmother gave us each $5000 nearly 4 years ago to help with a down payment on our house. She also purchased my wife a car 10 years ago. We have gone on a few vacations over the years with her where she has also footed the bill.
Over the last year, she has began to become senile and hostile to everyone in her life and is now threatening to sue us over these items.
Does she have any legal recourse? Is this something we should be worried about?
1 Answer from Attorneys
If she's threatening to sue "everyone" then I would not worry.
I learned this in law school - you can be sued at any time, by anyone, for any reason.
That does not mean that she wins. Only a judge determines who wins and who loses.
If you get served with legal papers, hire an attorney. You would need to defend yourself in court or she would win automatically if you ignore her lawsuit.
She will have to find an attorney to represent her. If she's senile. I doubt an attorney will take her seriously.
Did you sign anything in writing? If not, then she's going to have a difficult time trying to get a judge to order you to repay her.
Here are my thoughts -- however, I don't do contract law -- I've been out of law school over 20 years so I'm rusty on this -- so don't rely on this!!
The trips all sounds like gifts.
The car is a long ago - I think 10 years ago is too long ago to collect plus it does not sound like your wife signed any paperwork saying that she would pay her back.
Again, the $5,000 needed to be in writing.
If you are really worried, sit down with an attorney in your county and pay him for an hour of his time.
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