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?
1 Answer from Attorneys
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.