How to prove a gift was given as a gift

[HRZ]

And probably 49 other states, a District, and possessions and territories as well

 

[Mass_Shyster]

And probably 49 other states, a District, and possessions and territories as well

I'm not convinced it's all that simple.

Generally, a gift requires donative intent, delivery, and acceptance. It appears that the majority rule requires that the delivery be "actual and complete, such as deprives the donor of all further control and domination" Woo v. Smart, 442 S.E.2d 690 (Va. 1994). On the other hand, some jurisdictions permit constructive delivery. "A gift of a car was made by handing over the keys to the car in Estate of Lines, 201 N.Y.S.2s 290 (Sur. Ct. 1959)

Massachusetts appears to follow the majority rule.

 

[justalayman]

And probably 49 other states, a District, and possessions and territories as well

There are situations where title would not be transferred but it still is not effectively the property of the person named on the title. That isn’t the situation with the case st hand but it is possible if the facts support it

 

[HRZ]

Well, the reputed maker of the gift in " Lines " did not dispute the gift status at all, having died a few days later, nobody did on the record, And the court adopted a " causa mortis " decision .