QUESTION

My mom gave me 60k as a gift towards the purchase of a home, I have a gift letter signed by her as proof. We had a falling out, she wants repayment.

Asked on Feb 18th, 2014 on Family Law - Virginia
More details to this question:
My mom gave me 60k as a gift towards the purchase of a home, I have a gift letter signed by her as proof. We had a falling out, she wants repayment. I've made some gesture donations to her account when we were on good terms, but since the fallout she is under the impression that it was a loan, while I am still with the understanding that it was a gift from her. Does she have any basis to collect even if I have a Gift Letter signed by her?
Report Abuse

1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
I doubt your Mother has any recourse.  She would have to be able to show evidence of an exchange of valuable consideration, and a meeting of the minds for the supposed loan.  But the statute of frauds, which requires that certain contracts such as for large sums of money be evidenced by a writing, will likely prevent her from doing so, unless she has something in writing from her you.  I think it is an empty threat. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Feb 19th, 2014 at 11:13 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters