2007-09-05 14:17:40 · 9 answers · asked by Windy 3 in Politics & Government ➔ Law & Ethics
probate law in most states doesn't have a statute that permits takesies-backsies.
2007-09-05 15:20:08 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Some one , any one , can demand all they want until the cows come home. Pout , whistle, stomp your foot. There is no obligation to return a gift.
Try asking nicely if you are that heir, or if you are the recipient you may feel like peace in the family is more important than an object. But all of this is very bad form and likely to cause hard feelings for years to come.
2007-09-05 14:37:31 · answer #2 · answered by character 5 · 1⤊ 0⤋
What you can do and what you should do are completely different things.
Yes, the heir can go over and demand it back. But whether the heir should do it depends on the reason why (s)he gave it in the first place and why (s)he needs it back now. If its important, then yes, the heir should ask for it back. If not, like its just regret, the heir shouldn't. However, it never hurts to ask the other party nicely.
2007-09-05 14:24:18 · answer #3 · answered by Charliemoo 5 · 0⤊ 1⤋
Depends on the type of gift. If it was an inter vivos(during the lifetime) gift, the I believe it cannot be reclaimed.
If it is an adeem, then it cannot be reclaimed. An adeem is when you have in your will that you leave a specific item to someoen(i.e. a car to your brother), but you give it away before you die. Your brother cannot lay claim to it, since you gave it away.
If it is an in causa mortis gift, which mean in preparation of death, then it can be reclaimed. If your doctor said that you may only live 1 month, and you give something to someone, like a piece of jewelry. 3 months later you are alive, and you want to get the gift back, since you may live a while longer. In this case you may get the gift back.
2007-09-05 14:33:04 · answer #4 · answered by .. 5 · 0⤊ 2⤋
If any actually GIVES anything to anyone, the giver now longer has a legal claim to the item. Inheritance and relationships don't matter here.
2007-09-05 15:44:18 · answer #5 · answered by STEVEN F 7 · 1⤊ 0⤋
No.
By the way, if the gift is of a substantial amount, the grantor (not the recipient of the gift!) has also have to pay taxes on the gift he/she gave away (subject to limitations) .
2007-09-05 14:23:11 · answer #6 · answered by OC 7 · 0⤊ 0⤋
Generally speaking a gift is a gift.
You don't have to give it back
2007-09-05 14:22:04 · answer #7 · answered by justa 7 · 2⤊ 0⤋
No. Once you give something away, it's gone. However, the recipient would have to prove the gift.
__________________________________
KrazyKyngeKorny(Krazy, not stupid)
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
2007-09-05 14:22:28 · answer #8 · answered by krazykyngekorny 4 · 0⤊ 1⤋
you can always ask. you can always so no.
2007-09-05 14:34:10 · answer #9 · answered by puerile 3 · 0⤊ 0⤋