Can someone legally demand for money on an item that was bought as a

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Can someone legally demand for money on an item that was bought as a

My mother passed away about 4 months ago. Due to her having no Will, my sister, brother and I sat down and split her stuff between us. My sister is the oldest and wanted to take point on taking care of my mother’s debts; she still owed money on her washer and dryer which are what I received. I had asked my sister what the final balance was and how to get it transferred to my name for payments to be made. My sister said not to worry about it, that her and her husband finished paying them off and to consider that a

Asked on March 1, 2019 under Estate Planning, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Once a gift is made, then it is "irrevocable" (i.e. it cannot be taken back), nor can money be asked for it. Once something is gifted to another, it belongs completely to the recipient and the giver has no rights to it. That having been said, if the item/money had been loaned (i.e. not gifted), then the lender would have the right to take it back. If there is no written agreement and the 2 parties' recollections differ, then the situation becomes unclear. If A says it was a gift while B says it was a loan, it may come down to who is more persuasive or whose claim appears more logical.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, once something is a gift, it's always a gift: the giver gives up all rights to it, and can neither take it back nor ask for payment for it. She has no legal riht to the appliances or the money.
That's the law. Whether it is worth paying for the money (which apparently you were willing to pay in the first place, before she offered to pay) to keep peace in your family is, however, a different story. But know that you'd have to choose to pay; she can't make you.


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