Legal Question in Credit and Debt Law in Maryland

A friend recieved a check with "gift" in the memo, now, roughly 2 years later he is calling her telling her he wants his money back. She paid taxes on the gift, can he do this?

Asked on 8/27/12, 2:40 pm

1 Answer from Attorneys

Lawrence Holzman The Holzman Law Firm, LLC
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Wow - nice gift. Certainly sounds like the memo section will be EVIDENCE of a "donative intent" on the part of the checks maker. Naturally, that mark could be challenged at a trial as to its authenticity or meaning in the context of other discussions and/or writings between the parties, but on its face it seems pretty clear evidence of intent. If it was intended as a gift at the time it was made, the donor cannot change that later.

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Answered on 8/29/12, 6:52 am

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