Home > Legal > Questions & Answers > General Practice > My brother-in-law gave my wife some camera equip. 10 years ago to start a business now he wants everything he ever gave her back
My brother-in-law gave my wife some camera equip. 10 years ago to start a business now he wants everything he ever gave her back
The giver of a gift gives up all claim to the gift. If he gave it to her ten years ago, his rights in it are gone.
Of course, he's going to say that it was a loan. But if he's suing her for it, he's got the burden of proof. A ten year loan is a tough sell.
Not legal advice as I don't hold Illinois licensure. It's just my analysis of your question in light of general principles of law. If you need legal advice, please consult an Illinois-licensed lawyer.
A gift is a gift. There is no going back especially after 10 years. If he filed an action stating that it was a loan, he would most probably be unsuccessful in his pusuit due to the time factor.
I would agree with my colleagues. There is a (rebuttable) presumption that property transferred (without consideration or payment) between certain family members is deemed to be a gift. A gift cannot be rescinded, especially after so long a period. Even if there was some tacit verbal agreement concerning a loan of the equipment, the statute of limitations in Illinois for verbal (oral) agreements is 5 years. So, it appears that your brother-in-law does not have a tripod to stand on in demanding the camera equipment's return.
This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. You need to consult a local business lawyer to obtain legal advice that is tailored to your circumstances and facts. Good luck to you.
