Is a text message legally binding regarding a gift?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a text message legally binding regarding a gift?

My fiance committed suicide and did not have a Will. He has a grown daughter and a minor child as well. He sent a text to his best friend minutes before he took his life giving me his pick-up truck. At first there was no dispute over the truck but now I am getting the cold shoulder from his oldest child. I need to know what, if anything I can do to get the truck.

Asked on January 17, 2016 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, a text message that someone will give you a gift is no more binding than an oral promise: either may be freely reneged on, since neither is a contract. (For it to have been a contract, *you* would have had to have given or been promising to give him something for the truck, such as paying for it or exchanging some other property for it; without "consideration," or something of value offered by you, this was not an enforceable contract.) If he had actually transferred title to you prior to passing that would be different--the truck would be yours. But merely making a promise to give you the truck is not enforceable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption