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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9078
Experience:  Since 1983
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My Parents decided to give me my inheritance early in the

Customer Question

My Parents decided to give me my inheritance early in the form of a condo. there were no stipuations, written or otherwise at the time of bestowal that isted a set of conditions that I had to keep up on my end to keep said inheritance. It was a gift that was given as it was. The deed was signed in my name and I am the sole owner of the property. Now. months later, they are attempting to set down guidelines that would determine my eligibility to keep said inheritance that, if not met could result in me being forced to sign the deed over to them. With no initial documentation stating these stipulations formed or signed at the closing of the property, is it legal for them to try to introduce these later down the line? Or am I legally obligated to the property despite their efforts after it has all been signed and settled?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
I should add that this is in the state of Georgia
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

The givers of an unconditional gift cannot attach conditions to the gift after the deed has been delivered.

I hope this information is helpful.

Customer: replied 1 year ago.
does its cost extra to follow up with a response here or via telephone? if this counts as a respomse and is charged extra I hope I have recourse in getting a refund as I have need for slightly more information
Expert:  N Cal Attorney replied 1 year ago.

What other information do you need?

There is no charge unless you accept an answer.

Customer: replied 1 year ago.
I find the brevity of the initial response to be hardly worth the money paid for services rendered. are you saying that if i call or accept another response i'll be charged another 50-60 dollars?
Customer: replied 1 year ago.
no, i cannot afford it and frankly for the money paid, I'd expect a more detailed answer.
Expert:  N Cal Attorney replied 1 year ago.

You do not get charged at all unless you accept an answer by rating it as 3 or higher.

You have not yet accepted an answer.

Please tell me what additional information you require.

Expert:  N Cal Attorney replied 1 year ago.

The case I linked to states:

"The requisites of a valid gift are set out in Code § 48-101: "To constitute a valid gift, there shall be the intention to give by the donor, or some act accepted by the donee, and delivery of the article given or some act accepted by the law in lieu thereof."

This is not a complicated issue and I don't know what other information you want. Please clarify.

Customer: replied 1 year ago.
If by trying to add stipulations and threatening not only the loss of said gift but also loss of other financial support they write u a contract that is not notarized yet signed in fear of being cut off financially and having everything taken away leaving you with nothing, can that hold up in a court?
Expert:  N Cal Attorney replied 1 year ago.

Did they pay you anything to sign the contract?

Another case on the legal effect of a gift under Georgia law is posted at

https://casetext.com/case/henson-v-commissioner-of-internal-revenue

Customer: replied 1 year ago.
no nothing was paid to me to sign it, just threats to take everything away. I signed but I felt I had no choice in the matter
Expert:  N Cal Attorney replied 1 year ago.

What you signed is not legally enforceable because there was no legal consideration for it.

They cannot take away what they previously gave you.

Please clarify, did they agree to do ANYTHING in exchange for you signing the contract?

Customer: replied 1 year ago.
just to further support me financially for a set time and for me to be allowed to maintain residence and ownership of the property
Customer: replied 1 year ago.
the cpntract was not written by a lawyer if that is pertinent info
Customer: replied 1 year ago.
the financial support was a previously set promise as wel
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Expert:  N Cal Attorney replied 1 year ago.

The offer of further support could be found to be adequate consideration.

You need to have a local attorney go over the facts and all the documents. The Experts here can not give legal advice, we can only give legal information. Your situation is difficult to figure out without knowing more of the facts and seeing the deed and the contract.

Was the promise of further support made in writing? How long did they agree to support you?

Customer: replied 1 year ago.
3 months
Expert:  N Cal Attorney replied 1 year ago.

And what did you promise in return?

Customer: replied 1 year ago.
to follow my psychiatrists plans to his satisfaction
Expert:  N Cal Attorney replied 1 year ago.

For how long?

Customer: replied 1 year ago.
again, three months
Expert:  N Cal Attorney replied 1 year ago.

Can you live with those conditions?

It is not usually a great idea to get into a lawsuit with your own parents... even if they are unreasonable and on legally shaky ground.

Customer: replied 1 year ago.
I can, but I want to know what my options are just in case things get muddled up....i just want to know the what ifs
Expert:  N Cal Attorney replied 1 year ago.

How can they get more muddled than they already are?

They have already put your therapist into an improper position of power over you that allows the therapist to take away your condo if in his or her subjective judgment you are not doing what the therapist wants.

Is the therapist even aware of the terms of the contract?

Customer: replied 1 year ago.
he proposed it. I'd like nothing more than to stop seeing him but that too seems to be tied up in the whole thing and I agree that it is improper
Expert:  N Cal Attorney replied 1 year ago.

What type of license does the therapist have?

Customer: replied 1 year ago.
Psychiatrist (MD)
Customer: replied 1 year ago.
scare tactic or does it hold some weight?
Expert:  N Cal Attorney replied 1 year ago.

I suggest that you call the Enforcement Unit, see

http://medicalboard.georgia.gov/file-complaint

and ask them specifically if they agree that it was completely improper for a psychiatrist to suggest the making of such a contract.

Then please post here again and let me know what they have to say about this.

Can you do that?

Customer: replied 1 year ago.
okay. you've been helpful. so i credit you by rating and its te one time fee, correct (which i am fine with)
Expert:  N Cal Attorney replied 1 year ago.

There is no additional fee if you rate my answer before or after calling the Enforcement Unit. You do not have to accept an answer until you are completely satisfied, but you can keep asking related follow up questions even after you accept an answer. I would feel more comfortable if you tell me what the Enforcement Unit says before you rate my answer.

Also I am curious to know if you were ever involuntarily committed for mental health treatment. I assume you are a competent adult who can choose his or her own therapist if you feel the need for one. I strongly believe that what the psychiatrist did was unethical but the Enforcement Unit should be able to say if it is or not.

Expert:  N Cal Attorney replied 1 year ago.

I need a break, I'll check back here in about 12 or 14 hours.

It's late, I need to sleep.

Customer: replied 1 year ago.
you'd rather i take your information down and hold off on rating until after I've done what you have suggested?
Expert:  N Cal Attorney replied 1 year ago.

Yes, I think that would be more fair to you.

Customer: replied 1 year ago.
thank you. WIll follow up. goodnight
Expert:  N Cal Attorney replied 1 year ago.

Good night-

Expert:  N Cal Attorney replied 1 year ago.

I have not gotten your reply and I'll be on the road most of today but will check here again tonight.

Expert:  N Cal Attorney replied 1 year ago.

OK I am back on line. I assume you did not get through to the Enforcement Unit so I hope to hear from you again Monday.

I did discuss this in general hypothetical terms with another attorney who agrees that what the psychiatrist did was unethical. If the Enforcement Unit agrees with that opinion, then the contract they had you sign is very probably void for illegality, but I understand this is a sensitive situation and sometimes it is easier not to assert your legal rights than to asserts them, especially when family is involved. As they say, sometimes discretion is the better part of valor.

Please let me know what the Enforcement Unit has to say about this.

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