My grandma and granddaddy gave my mom a bedroom suite belonging to my grandaddy's mother over 10 years ago. They brought it to her house and dropped it off, saying they knew it would be taken care of. My granddaddy had a stroke 6 months ago. My grandma and mom got into an argument resulting in grandma and my mom not talking. My grandma has sent a note saying she wants the furniture back or she is taking a warrant out on my mom. If there is anyone with a legal background, what can be done? If the furniture has to be returned is there anything wrong with asking for storage fees for the last 10 years?? Any help is appreciated!
2007-10-09 11:47:10 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I am a California attorney.
Good grief, no it doesn't have to be returned. There are multiple reasons why she can't get the furniture back, but the most obvious is that a gift is irrevocable. When someone makes a gift, e.g. they "give" you something, there is a transfer of title. That transfer is irrevocable.
If your grandparents and mother somehow had an understanding that your grandparents would retain title, and your mother would merely use the furniture until they asked for it back, the grandparents would still be hard-pressed to demonstrate that they kept title to it. There are a dozen of other interwoven defenses as well... basically, a judge would be very hard pressed to see your grandparent's side of things.
As for "taking a warrant out" on your mom, there is no sheriff or police officer in the country that would perceive this as a criminal matter. Ironically, the only criminal act here is your grandmother's threat, which would be considered criminal extortion (threatening the use of the legal process to compel someone to take a course of action, even when such relief is available, is extortion).
If your grandmother wants to take the furniture, she's going to be out of luck. She can try to sue for it, but she won't prevail. If she takes it without your mom's permission, your grandmother risks subjecting herself to criminal and civil liabiliity.
Tell your grandmother to act her age.
2007-10-09 11:57:53 · answer #1 · answered by Brian 3 · 4⤊ 0⤋
Sticky situation. If the furniture was given as a gift, then your grand parents no longer have a claim on it. It the furniture was loaned, instead of given, then she could demand that it be returned. I don't think that you can claim storage fees for holding the furniture for 10 years. Since you got use out of it for the time that you had it.
Myself, if she wanted it back then I would give it to her. Just sit it on her front porch and say here it is, thank you for the loan of it. Then let Grandma worry about getting it inside the house.
You can be vindictive also, if that's the way she wants to play.
2007-10-09 11:58:16 · answer #2 · answered by Fordman 7 · 0⤊ 0⤋
Was it lent or given as a gift? If it was a gift, a gift is a gift. Once given, it's gone. Your grandmother would have no recourse.
If it was lent, then legally your mother would have to return it.
The police will not let your grandmother "take out a warrant" Since the furniture is in your mothers home and has been for 10 years, they would not touch it as a theft. It becomes a civil issue.
If your grandmother wants the furniture back she would have to sue for it. She would have to show that she had some expectation that it would be returned. The key words to remember if you end up in small claims court is "Gift".
2007-10-09 11:53:19 · answer #3 · answered by davidmi711 7 · 1⤊ 0⤋
Beck-a gift is a gift and it does not have to be returned. There's a whole set of case law on gifts in the both the U.K. and the U.S. It was one of the first things we studied in law school. The only exception is engagement rings and I think some states have specific laws on that. That's a conditional gift anyway. Also, your grandparents cannot get a warrant for your room. The police will not get involved in a civil matter. And, yes, if you give them back you could charge storage fees.
2007-10-09 12:03:31 · answer #4 · answered by David M 7 · 0⤊ 1⤋
IANAL, but...
I guess it depends on what happened 10 years ago. If granny has documented proof you were "just looking after it" and they still owned it, then maybe she has a leg to stand on. I seriously doubt she has anything in writing.
As a result, she essentially gave you the furniture. Once given, she gave up all rights and title. It's yours now. If you did anything for her in exchange, then it's even more settled - you had a sale, this for that.
The only circumstances where you can demand a gift back, is something like an engagement ring - "a gift in anticipation of...". I.e. you obviously expect something in return, and it isn't delivered. So for example, a ring, mink coat, and condo apartment given in anticipation that you would soon be living in matrimonial bliss - if it falls through, you MIGHT get it back in court.
In your case, the judge would just roll his eyes and go on to the next case. Actually, I doubt it would ever get to court.
2007-10-09 12:01:23 · answer #5 · answered by Anon 7 · 1⤊ 1⤋
No they cannot take it back! Once something is given the giver has no power over the gift anymore. It is impossible to get a warrant. How silly and childish. If she tries I hope she gets ripped a new one. Sounds like your grams is quite vindictive.
2007-10-09 11:50:19 · answer #6 · answered by hoppykit 6 · 1⤊ 0⤋
10 years? That's a long time. I would think there would have to be a statute of limitations on that. Was it a gift to begin with? If it was a gift, she has no recourse even if there was no statute of limitations. In law school we abbreviate the statute of limitations as SOL. Your grandma is SOL.
2007-10-09 11:53:11 · answer #7 · answered by Eisbär 7 · 1⤊ 1⤋
grammy is a fiesty vindictive old girl
2007-10-09 11:52:17 · answer #8 · answered by goat 5 · 1⤊ 1⤋