Legal Question in Civil Litigation in Georgia

If my girlfriend gives me a large sum of money as a gift with no strings attached and then we break up, can she take the money back? Should I get a letter notarized stating that it is a gift with no contingencies attached?


Asked on 8/23/10, 1:28 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It wouldn't hurt to have that letter. People argue loan versus gift all the time.

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Answered on 8/28/10, 1:36 pm
Ralph Villani VILLANI LAW FIRM

Loan vs Gift - notarized statement would help

Also, depending on how large the gift, IRS may be involved

Consult with tax attorney and/or or CPA before you do notarized statement so that neither of you will run afoul of the IRS -- it will be worth his/her fee to protect that "large sum" of cash

Also, you can be advised how to deposit same and how to prevent it from appearing to be "drug" money (or other illegal gains) subject to forfeiture

Good luck and enjoy

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Answered on 8/28/10, 2:14 pm


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