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Can i be sued for a gift after a relative passes away?

Carteret, NJ |
Filed under: Estate planning

I had an aunt that gave me $5,000.00 in a check to help pay for my tuition. When she wrote the check she stated "as a loan." at the end of the semester i wrote her a letter in regards to paying the money back. She responded on a christmas card she sent me and said "on money, keep it no need to return." unfortunateky she passes away, and now her administrator is trying to sue me for the funds after he found the canceled check.is that possible?

Attorney Answers 2

Posted

This is really not a probate question, but a simple one of accord and satisfaction. Any creditor can forgive a debt for any or no reason, and it appears aunt did that. If the administrator still insists on repayment after you have shown him the correspondence and card, you may then raise it as a defense in any case the administrator commences against you.

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Posted

Anyone can be sued. The issue is whether the suit can be sustained. If you have a copy of your letter and the original card, you should be in good shape. Although it was a loan, it may be forgiven. It is not legally a gift. It is the foregiveness of a debt.

This response does not constitute the establishment of an attorney-client relationship. It is also not to be taken as firm legal advice as such would be contingent on a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter. The response is meant to be a helpful guide to a question in a manner which reflects the limited information provided by the inquirer.

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