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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 17522
Experience:  B.A.; M.B.A.; J.D.
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We received a financial gift from my wife's grandmother to

Customer Question

We received a financial gift from my wife's grandmother to buy a house. Now her son took over her finances and is trying to take the money back. What are his chances? She's 87, but she was deemed of sound mind by her doctor at the time.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: AZ
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: We do have a notarized letter that we intend to have her move with us, but we didn't specify a date on it.
Submitted: 3 months ago.
Category: Estate Law
Expert:  Phillips Esq. replied 3 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 3 months ago.

If the gift has already been made and received, it cannot be taken back. The gift is complete after you have received it.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 3 months ago.
She was deemed mentally competent by her doctor and we do have a signed document stating that we plan to move her in with us but without specifying a date .She hasn't moved in with us yet due to her recent aggressiveness and the fact that my wife is about to deliver in a few days. We took her to a doctor in hopes that she will change her meds and get her aggressiveness under control (she made death threats against my pregnant wife).Right now her son came down from where he lives (about 200 miles away) and took control over her durable and medical power of attorney. He no longer allows us to see her (he changes the locks on her house). We still fully intend
Do you think he can use that against us successfully in court?
Customer: replied 3 months ago.
We still fully intend to move her in with us
Expert:  Phillips Esq. replied 3 months ago.

Thank you for the information. However, I do not understand your question. What is her son going to use against you?

Have you already received the gift?

Was the gift contingent on her moving in with you and your wife?

Customer: replied 3 months ago.
Her son is claiming that she was taken advantage of due to her state of mind, but we do have a letter stating she's of sound mind and can make decisions for her estate.Yes we received the gift of $200k and bought a house with it. We have been living in it for two months now. The grandmother hasn't moved in with us yet. We decided to wait until her state of mind is back on track is she was making death threats against my pregnant wife. We still, however, fully intend to move her in with us when her new medications take effect. She's 87As far as contingency, we did sign a notarized letter stating that we intend to move her in with us, but we didn't state a date. The grandmother gave us the money first.
Expert:  Phillips Esq. replied 3 months ago.

Thank you for the clarification.

The gift is complete and cannot be taken back.

I do not see how the son can use her not moving in immediately against you since there is evidence that she is receiving treatment. He cannot undo a gift that has already been used.

Customer: replied 3 months ago.
What if we couldn't provide an evidence that she's receiving new treatment? her son took over and he might have stopped the treatment. Or she might have received the treatment. We have no evidence at our disposal
Expert:  Phillips Esq. replied 3 months ago.

You can only provide the information that you have. In any event, since you have indicated that the gift was not contingent on her moving in with you, then the son cannot get the gift back. The gift has been completed and cannot be rescinded, based on the information that you have provided here.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.