Gift

[treeworks]

About 10 years ago, I became friends with a man in his 70s. Over the years, we met for coffee and became good friends. About 5 years ago, his ex-wife became sick and he moved in to take care of her. I began spending more and more time with the both of them. I have a small business and she was aware that I needed a truck because mine was very old. She and her ex-husband wanted to give me money for a truck but I never felt comfortable taking such a gift. About two years ago, His ex-wife passed away and left her home and a lot of money ($600,000) to her ex-husband. He said to me he wanted to give me the money ($25,000) I needed to buy the truck. I said OK but I would like to try and pay him back. He insisted I did not. He started spending a lot of time at my home and became very abusive to my wife and kids. Our relationship quickly became sour and now he wants his money back. He called a lawyer and the lawyer said it is elder abuse and it was a loan not a gift.

What can I do? From California

 

[dee_dub]

Tell him to stop calling you, and to stop wasting his money on the lawyer.

If the lawyer calls you, tell him a) it wasn't elder abuse, and he should know the law better than that; and b) it was a gift.

It's scaremongering to call it elder abuse. It's only elder abuse if you took the property "to a wrongful use" or "with intent to defraud". You took the property with the best of intentions and exerted no undue influence. Worst case scenario, the lawyer files a complaint with APS or whomever for their full investigation, and you are hopefully exonerated. In the circumstances, it's pretty clear it was a gift. Needless to say, you should confirm this with a local attorney. And if you get sued, get a lawyer.