Q: I need help on a money issue. Money was transferred into my account. I did not know who it was from when it happened.
Hello, I received a funds transfer on July 14th of $20,138.00. I called my bank and they said it was transferred from another account and could not see where from. I waited a week to touch the money just in case. Then I used to to help pay of bills. The day after touching the money I get a call from my grandfather saying it was him on accident and that he wants it all back. However, I had already used a good portion of it. I wrote up an agreement for him for him to sign for the money. I have it in messages of him saying he wasnt going to sue me. Found out today that he is. What can be done?
I also did not have any form of communication with my grandfather for almost a year other than him being told to call me after one of the surgeries I had and when I messaged him on facebook about buying something from him. He has it where I was blocked on Facebook and even from calling him. Since the incident I have been unblocked on facebook but not from calling his phone from my phone.
A:
This isn't the answer you want to hear but I believe that if grandpa sues you then you will lose. From a legal standpoint, I question whether there was any "consideration" given by you in exchange for his statement that he was not going to sue you. Consideration is an essential element of an enforceable contract in Missouri.
As far as the bills that you paid off with the new-found money, I assume you owed the bills. You were not damaged by paying bills that you needed to pay even if you had not paid using grandpa's money.
Finally, I don't believe you are on the moral high ground in wanting to keep money that an elderly family member transferred into your account by mistake.
A: This is not a legal question. This is a silly intra-family dispute than cannot be solved by asking questions here on Justia--or any other site that tries to help people with real legal problems.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
