Legal Question in Banking Law in Pennsylvania

My mother and father gifted my husband and I $44,000 back into thousand two now my mother is out of money and is trying to get it back are we obligated to give it back to her it was all documented legally by the bank that it was a gift and monetary gift


Asked on 9/25/13, 12:01 pm

1 Answer from Attorneys

If it was a gift then no, you are not obligated to give back the gift, especially after the passage of this much time unless there is something else at issue here like fraud/undue influence of some kind.

Regardless of legal duty, what about the moral duty of a child helping the parents?. Might it be the morally appropriate thing to do, if your parents are really financially strapped, of returning the favor and making a gift to them? Or buying them an item for whatever they need? You need not give back the whole $44,000.

I would sit down and have a frank discussion as to what is going on. While your parents may not like discussing their financial circumstances, you as a child need to know what is going on so as best to help them. Why are they out of money? Job loss? Health issues? Falling for some scam? Watching too much QVC or HSN? (this one would signify a different kind of problem).

What you do would depend on the circumstances. If they are going through a bad financial spell due to some calamity (job loss or health problem) then maybe helping them prioritize and budget and paying off a bill for them might be the answer. If they are spending too much on QVC/HSN, maybe this is a sign of something more serious like Alzheimer's or dementia, in which case you and/or another sibling needs to step in and start managing their money. If your parents are the victim of scam artists then you need to step in there too.

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Answered on 9/26/13, 9:22 pm


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