Gift to visitng mother

[adiama]

What is the name of your state (only U.S. law)? Florida

This forum is highly helpful.

My brother and I live legally in the US as permanent residents. We live separately in different cities. We moved here from Fiji long back. Recently, my brother brought our mother to US on a visiting VISA (the VISA is good for 10 years but she should not live here in the US continuously for more than 179 days on each visit) and I have no relation with her VISA or any other matter related to her travel, etc. I am facing a lawsuit. By the time the judgment is announced, my mother goes back to Fiji. It is our custom to give a gift to mother if she visits our house for the first time.

If I give her a few thousand dollars of cash as gift (so that she can spend in the way she wishes), will it be fraudulent transfer?

Do I need to collect any affidavit from my mother confirming that she received that money as gift from me (so that I can show it if I am accused of fraudulent transfer)?

Will my mother face any legal consequences (for taking this money) if, later on, it is determined that the transfer is fraudulent transfer?

Will my brother face any legal consequences (because he is the person who legally sponsored my mother’s trip to US, including her paper work) if, later on, it is determined that the transfer is fraudulent transfer?

Is there any upper limit on the amount of cash a person can gift to his visiting mother?

How to give her a gift for few thousand dollars (to keep our tradition alive) and avoid any legal trouble with fraudulent transfer later on?

All the money I am talking about for gift is about after-tax money, which I legally earned.

 

[I'mTheFather]

If you're already worried about fraudulent transfer, then you know you shouldn't do it. As your parent, she should understand.

How long has this lawsuit been going on?

 

[Zigner]

This is more transparent than the freshly washed windshield on my brand new car

 

[adiama]

thanks. My mother came here in January and the lawsuit is filed in February. My mother has no knowledge of these lawsuits and she cannot understand English as well. Also she is around 80 years old.

 

[Zigner]

Two questions:

Has you mother visited your home before?

When did your mother first visit your home on this trip?


A statement: Nobody here is going to help you commit fraud.

 

[LdiJ]

In my opinion it really depends on how much the lawsuit is for and how much gift you give her.

If the lawsuit is for 50k and you give her 40 or 50k then its going to look like a fraudulent transfer.

If the lawsuit is for 50k and you give her 3k, its unlikely that anyone would bat an eye, particularly if you have relatively significant assets in addition to that 3k.

 

[adiama]

Thanks to you both.

My mother will be visiting my home next week for the first time ever (we went to my brother's house and met her earlier). The lawsuit is for at least for a million dollars (unspecified damages, which are adding up; and I have no way to pay it if I lose this litigation). I have around 100K in cash and wish to give her around 10K (10% is a good amount as per our traditions). If there was no lawsuit, I would have given her around 15K (I love my mother like anything!). I have a regular job to make income.

Is it advisable to get an affidavit as a proof from my mother about this gift to avoid any further implications from the lawsuit later on?

 

[Zigner]

Why don't you simply get her a traditional gift - money is not a traditional "gift" in Fiji culture.

ETA: For a 6-figure lawsuit, I'm sure you have an attorney. Ask your attorney for his/her thoughts on your scheme.

 

[adiama]

Thanks. Things have been changing in Fiji too! “money” is the best gift (who said it is not?). My mother will buy whatever she wants or simply use that money.

Yes, I have an attorney but he has no idea on post judgment proceedings, garnishments, etc. I do not want to waste my resources worrying what may happen after the lawsuit (my mother cannot come again, even if I win the case!)

 

[Zigner]

Thanks. Things have been changing in Fiji too! “money” is the best gift (who said it is not?). My mother will buy whatever she wants or simply use that money.

Yes, I have an attorney but he has no idea on post judgment proceedings, garnishments, etc. I do not want to waste my resources worrying what may happen after the lawsuit (my mother cannot come again, even if I win the case!)

You need to find another attorney who can help you then. Your case is beyond that for which an internet forum can provide assistance.

 

[adiama]

Thanks again.