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Our uncle gifted use 72000.00 over 15 years ago. There is…

Our uncle gifted use...

Our uncle gifted use 72000.00 over 15 years ago. There is nothing in writing saying it was a gift. Now he is 89 and forgets that he gifted it to us and wants it back. What can we do?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is my husbands uncle and other family members are getting involved now

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Answered in 8 minutes by:
7/29/2017
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,011
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Customer reply replied 6 months ago
Ok. We are devastated by this! What can we do?

This is far past the statute of limitations for uncle to take any legal action to try and recover the money, even it it wasn't a gift.

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CA has a 4 year civil statute of limitations on a breach of contract action, so that has long since passed.

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With that said, there is nothing legally that the uncle can do to compel any money to be returned to him. He can cause problems with the family, but that is about it.

.

.

thanks

Barrister

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Customer reply replied 6 months ago
Thank you so much for your help.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,011
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 6 months ago
Thank you. This has been mentally stressful for my husband and I. We thought we would have to show all our banking records. With the statute of limitations he and other family members will not be able to see our bank info?

You are very welcome. And no, there is no way that they would be able to get your bank records unless uncle actually tried to file a suit and got a subpoena for the documents. But this would have to be filed in a higher court than small claims and he would have to pay an attorney several thousand up front to retain him. And any attorney is going to tell him after he hears how long ago it was that he has no case..

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Customer reply replied 6 months ago
Ok. Thank you so much.
Customer reply replied 6 months ago
Hi. My husbands uncle has started calling multiple times asking for that money. What kind of attorney should we get to write a legal response to him and also stop his harassment?

Any local civil litigation attorney could send him a "cease and desist" letter threatening to file a formal criminal complaint for harassment if he doesn't stop..

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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,011
40,011 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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