Tag Archives: GIFTS

Do I love you gifts such as rings have to be returned upon break-up?

Q: I had 2 rings given to me as I love you gifts by my ex-boyfriend. It’s about $2500 is what the small claims court paper is saying they are worth. That is with insurance included and everything. I left his house and agreed to give them back once I got all my belongings from his home after we broke up. His son busted my TV and destroyed numerous of my items and he gave away some of my stuff to other people. Does he even stand a chance getting the rings back? Nothing was put in writing and we were never engaged. (Forest Hills, PA)

A: It has been a while since I had one of these cases but my recollection is that you do not have to return items that were purely gifts. However, if the gift was conditional, like, I give you this ring if you promise to marry me, it must be returned. The Heart Balm Act, which I believe was adopted by PA, addresses these issues.

Husband’s father has cancer, can his sister write checks?

Q: My husband’s sister is staying with her father. Who is sick. My husband is the father’s Power of Attorney, but the sister has been signing the father’s checks and giving them to her other sister, who up until this week hasn’t been part of her father’s life for several years. Supposedly they have been taking his mail and banking information out of the house as well. The do not possess power of attorney, and the sister staying with her father is on SSI Disability, and has taken the father’s bank cards and been using them for purchasing many items for herself and her boyfriend without the father’s permission. (Pittsburgh, PA)

A: She has no authorization to sign checks on his behalf. She should not give his money to anyone else unless he is authorizing her to. The way you describe it, it sounds like she is taking advantage of him. As his Agent under a POA it should be in your husband’s authority to safeguard him in a variety of ways, assuming he is not competent and is not opposing your help. If so, you can close his bank accounts, have the bank restrict them, redirect his mail, change his locks and keep them out of his house. These are complicated situations and you may want to consult with a local attorney. If his competency is in question and he refuses your help, your husband may want to consult with an attorney about becoming his Guardian.

If a person is power of attorney of their grandfather, can they give themselves gifts?

Q: Co-worker has power of attorney over his grandfather’s finances. Since then he has spent over $400,000 on buying himself vehicles, a boat, property, and other personal items on himself. The grandfather is being kept in nursing home. We are wondering if he can legally use the money this way, while his grandfather is still alive. (Bethel Park, PA)

A: It does not sound right as there is a strong duty for the agent to only act in the best interests of the principal. However, if the POA document states in writing the Agent can make gifts to himself, then it may be permissible. However, even if the agent is authorized to make gifts to himself, he may be liquidating funds that might be needed in the future to maintain adequate health care. This would be a violation of his fiduciary duties. Such spending may also jeopardize the uncle’ eligibility to receive Medicaid funding if he ever needs it. Therefore, even if gifts to himself are permitted, he would not be acting in the interests of the principal by diminishing the principal’s liquid assets. If you want to get involved, you may want to call Adult Protective Services to assess the situation.

Can my dad prosecute me for mom making gifts to me?

Q: My dad’s accusing me of elder abuse for taking my mom to the bank getting out her money to go to the casino or do whatever she wants. I take her to bank to get the money she wants to go to lunch or casino and she’s helped me with my school loan as she did with my nephew by putting a $2,500.00 fence around his pool. She’s given me $2,400.00 towards my school payments. My dad says he’s putting me in prison if I don’t pay him $5,000.00 can he do this? She told him he’s out of line. (Latrobe, PA)

A: Your father can threaten to file criminal charges, but it doesn’t sound like a criminal case. I would need more information to determine if the police or the DA would file charges. On one hand, if your mother is competent to make these gifts, and she is under no undue influence or coercion to do so by you or anyone else, then her decision to make gifts is hers. On the other hand, if she is not competent or acting without clear capacity, and she is seriously depleting funds that your father and mother may need for their golden years, he has a legitimate concern. There are criminal statutes that protect the elderly or mentally infirm from being taken advantage of. Whether they apply to your situation I cannot say for sure without more information. Just based on what I hear, I am doubtful criminal charges may arise. However, if your father seeks legal advice, and an attorney believes your mother is not competent or being coerced to make these gifts, you could face criminal charges or a civil suit of some type including a restraining order or domestic abuse order.

Can my dad prosecute me for mom making gifts to me?

Q: My dad’s accusing me of elder abuse for taking my mom to the bank getting out her money to go to the casino or do whatever she wants. I take her to bank to get the money she wants to go to lunch or casino and she’s helped me with my school loan as she did with my nephew by putting a $2,500.00 fence around his pool. She’s given me $2,400.00 towards my school payments. My dad says he’s putting me in prison if I don’t pay him $5,000.00 can he do this? She told him he’s out of line.

A: Your father can threaten to file criminal charges, but I would need more information to determine if the police or the DA actually file them. On one hand, if your mother is competent to make these gifts, and she is under no undue influence or coercion to do so by you or anyone else, then her decision to make gifts is hers. On the other hand, if she is not competent or acting with clear capacity, and she is seriously depleting funds that your father and mother may need for their golden years, he has a legitimate concern. There are criminal statutes that protect the elderly or mentally infirm from being taken advantage of. Whether they apply to your situation I cannot say for sure without more information. Just based on what I hear, I am doubtful criminal charges may arise. However, if your father seeks legal advice, and an attorney believes your mother is not competent or being coerced to make these gifts, you could face criminal charges or a civil suit.

Applying to Medicaid. Do we need to mention gifts from 2-3 years ago?

Q: Our mother is going into a nursing home and application asks for any transfers. Do we need to declare gifts from 2-3 yrs ago? She has resources for approximately one month in a Nursing home and afterwards I believe Medicaid would take over.

A: Yes, when applying for Medicaid eligibility, you need to list all transfers of any property for no consideration (gifts or under market value) in which mom had an interest for the past 5 years. Any transfers without consideration, or which the consideration (money received for sale) for her property which has not been documented, could possibly exclude her from Medicaid eligibility. You really should consult with an estate lawyer or elder law lawyer versed in Medicaid law before filling out any benefits application.

Can an item once a gift from a deceased person be re-gifted to the deceased’s family?

Q: I have an item that was received many years ago as a gift from someone and we want to re-gift it to the deceased’s family, but by-pass the estate. The gift is currently in the hands of a New York resident, but would be gifted to a California resident. Or it could be gifted to a UK resident. (Chalfont, PA)

A: Once the deceased gave it to you, when he or she was alive, it was yours to keep. You can give it to whomever you want, even after he or she died. Unless it was “on lone” of sorts, and ownership was maintained by him and now by his estate. If I understand what you are saying, and this was a gift to you while the person who is now dead was alive, you can give to anyone with the exception of his estate. If that happened then it would be property acquired by the estate and likely be estate income.