What is the law on taking back a gift?

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What is the law on taking back a gift?

About 4 years ago, a relative gave me 1 of her 2 lawn tractors after her husband died. Since that time, her son and I have had a falling out. He now tells me his mother wants the lawn tractor back. Do I have to return it?

Asked on August 12, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The laws of this country are that one a gift is actually presented and given to the person to whom the gift is for, the gift cannot be taken back by the presenter. The person who received the gift now owns the item given.

In your situation, you were given one lawn tractor by a relative approximately four years ago. When you received it, it was yours to do with as you desired. For the person who gave you the gift four years ago to want it back because of some family dispute reflects poorly upon the person who gave the lawn tractor to you.

The lawn tractor is yours to do as you please with it. You do not have to return it.

 


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