Legal Question in Civil Litigation in Florida
A neighbor of over 25 years gave his tractor to my husband for his birthday. He was getting old and no longer used it. Shortly after that, the neighbor became ill and recently passed away from cancer. My husband has had the tractor since August 2013. The neighbor has one daughter and she states she wants the tractor back that we took advantage of an old sick man. She has also made this claim to one other friend and the man's own brother. When the neighbor gave him the tractor there were two witness besides my self, my husband's brother and another neighbor. We beleive she is going to get a lawyer and sue us for it. Are we under any obligation to return this tractor? There was no paperwork involved.
3 Answers from Attorneys
The tractor was a gift to your husband. As long as your neighbor was of sound mind at the time, there should be no legal basis to sue you for it.
Is the tractor titled? If so, that could complicate matters a bit. I agree that if he was of sound mind and there was no undue influence, then the gift is valid, but it would be better if a transfer of title had been made.
All of the above are accurate. Is there a title to such a vehicle? If so, and if you husband does not have it, there may be a problem. If no title, then the gift is completed upon transfer. Seek some legal help with all attendant facts available.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
