Do I legally have to give a gift back if the owner is now requesting it? How? 19 Answers as of August 28, 2015I was given a piano 2 years ago, the person was moving and could not take it with her. She did not want to just leave it. She in her words wanted it to go to a good home. I told her I would love to have a piano, She is now demanding I give it back to her. Do I have too?
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If it was a true gift meaning that the giver had the intention to make a gift, and you had the intention to accept it then you would not have a legal duty to return it at the giver's request. But proof may be hard. Does there exist any document from the period when she gave it to you which might help to show that it was a true gift? Not necessarily a deed, but perhaps a mention in a letter or email? Or were there witnesses to the transfer of the piano? Good Luck.
Answer Applies to: Wisconsin
S. Joseph Schramm | Joseph Schramm
Unless the gift is qualified or made contingent upon something the general rule is that once the donor transfers the gift to the donee, the gift does not have to be returned. The problem in most of these cases is proving that, at the time the transfer was made, a gift was intended, not temporary storage. Usually, this depends on the facts and circumstances surrounding the case. Factors such as independent witnesses to any statements, the length of time in possession of the donee, whether any money was paid as storage fees during the time period and whether the donor made any inquiries about the gift over the period you had it in your possession.
Answer Applies to: Pennsylvania