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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9216
Experience:  since 1983
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Is it fraud if you were given money by a parent and you had

Customer Question

Is it fraud if you were given money by a parent and you had it in your savings in your name and your circumstance changed and you had to spend it to keep a roof over head? Later your parent shows you a notary signed letter saying you would not spend money until after they died? The parent would not.pay their bills do you had to pay them as well as house bills!
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.

Please clarify, did you sign the notarized letter?

Customer: replied 1 year ago.
After I had the account for a few months!
Customer: replied 1 year ago.
I had forgotten about the note
Expert:  N Cal Attorney replied 1 year ago.

Were you paid anything to sign the letter?

Was the condition you described mentioned at the time the money was placed in your account?

Customer: replied 1 year ago.
No, their were no strings attached to me bring given the money and placing in my account -:that came latrt
Customer: replied 1 year ago.
Later
Customer: replied 1 year ago.
When the money was given to me there were no strings attached that happened later
Customer: replied 1 year ago.
I signed the letter, I was working and had money of my own then but circumstances changed
Expert:  N Cal Attorney replied 1 year ago.

Then you are not guilty of fraud and the promise to not spend anything until after the death of the donor is not legally enforceable because it was not supported by any legal consideration.

An unconditional gift cannot have later conditions attached to it unless the donor pays the donee to obey the conditions.

In this situation the donee is clearly not committing fraud and the donor is being unreasonable.

I hope this information is helpful.

Please let me know if that does not answer your question prior to rating my answer.

Customer: replied 1 year ago.
I found myself in debt and running a household with no help!
Expert:  N Cal Attorney replied 1 year ago.

You had an unrestricted legal right to use the money that had been unconditionally given to you.

Expert:  N Cal Attorney replied 1 year ago.

Do you need any additional information?

Customer: replied 1 year ago.
No! Thank you.
Expert:  N Cal Attorney replied 1 year ago.

If you are satisfied, please remember to rate my answer as 3 or higher, otherwise my time here is completely uncompensated.

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