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Hi and welcome to JA. Ray here to help you tonight.
No an intervivos gift, one made to you during life is not required to be paid.It is given freely and totally with no expectation fo repayment.
A gift is a voluntary irrevocable transfer of property from one person to another without consideration. The giver of the gift is the donor, while the receiver is the donee. In addition to being irrevocable, there are three additional elements that a gift must meet in order to be valid:
It is not considered a loan and no repayment obligation exists.It is your money free and clear here.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
The law of gifts was set forth in the classic case of Gruenv. Gruen, 68 N.Y.2d 48, 505 N.Y.S.2d 849, 496N.E.2d 869 (1986), a case concerning the gifting of apainting by Gustav Klimt, the Austrian modernist.
The Courtreiterated in Gruen that the elementsof a valid inter vivos gift are intent on the part of the donor to make apresent transfer, actual or constructive delivery to the donee, and acceptanceby the donee (68 N.Y.2d at 53
- See more at: http://www.lexisnexis.com/legalnewsroom/estate-elder/b/estate-elder-blog/archive/2010/06/10/the-law-of-gifts-revisited.aspx#sthash.kzl2zl4G.dpuf
Well you can argue it was intervivos gift and you aren't going to repay here.You argue there was a gifting here later on.
The person here who gifted would have to prove otherwise.Three was an intent to gift it here as you state.
It meets the legal requirements of a gift.
Donor intended to gift it to you here.
I don't see the other party can p[rove this was anything but a gift.They told you it was.
Remember the other party has he burden to sue and prove it wasn't a gift.You have evidence that it was.
Thanks again for the chance to help.
Thats is some credible evidence they intended to gift it, the conversation is evidence.
You would be able to testify they told you they would make it a gift.At that point it meets the requirements for an intervivos gift set out above.
It can be a loan a but change here to a gift when the donor tells you it is a gift here.
Again when donor stated it was a gift here it became a gift event though checks state it was a loan.It changed here when donor intent changes.
And you would have to testify the intent here changed.Best you can do if it was oral.
Yes unless you have other witnesses--but they may not be able to prove otherwise here.
And it is possible you could offer to resolve it for lesser amount here since it is disputed.Thats another option to make an offer here.
I can do extended chat, not yet set up for calls.Will send offer to extend chat , answer any follow up you have.
Then you can dispute it here with your testimony , thats credible evidence too here to contest.
Appreciate the chance to chat here.