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Loren, Attorney
Category: Legal
Satisfied Customers: 33456
Experience:  30 years experience representing clients.
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I borrowed money from my aunt in 2004 and she said to not

Customer Question

i borrowed money from my aunt in 2004 and she said to not worry about paying her back. there was never anything in writing. she passed away the next year. Her daughter who is mad at me for not telling her about my dad's death( a whole another story) says she will sue me if I don't pay her the money. can she do this?
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

A "loan" you are told you do not have to pay back is not a "loan", at all. Money given in that manner, without requirement of repayment, is legally a "gift".

A gift, given unconditionally, does not change its character simply because someone becomes angry. It is still a gift and does not need to be repaid.

If your cousin tries to make a claim she will have the burden of proving it was a loan and that is going to be difficult, if not impossible, given the lack of documentation and the amount of time that has passed (statute of limitations).