If my 18 year old daughter gave me a cash gift can she sue for it back?
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If my 18 year old daughter gave me a cash gift can she sue for it back?
She gave me a cash gift of a substantial amount ($25,000). Now she has gotten mad at me and wants it back.
Asked on October 3, 2011 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A gift, once given, may not be taken back, even if the giver changes her mind. The issue is what were the terms at the time the cash was given. If it was a gift when made, it remains a gift; the giver may not later convert it into a loan or require repayment. On the other hand, if it was either loan or a conditional gift--i.e. a gift you were only to be allowed to keep if you did certain things--then you could be required to return it under the appropriate circumstances; those circumstances, however, *must* have been spelled out at the outset, *before* you received the money. Additional conditions may not be added, or conditions changed, after the fact. So in this case, if it was an unconditional gift when given, your daughter cannot get it back.
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