Question

While working in the yard, Tina found a beat-up ring. Becca, an eighteen-year old neighbor, came over to visit and liked the ring. Tina said, "You can have this old thing if you would like." Becca replied, "I really like it - Maybe it's a real diamond!" Tina laughingly told her that there was a one in a billion chance of that and that Tina was more likely to win the lottery. A few months later Becca ran over to Tina's house and told Tina that the ring was actually a diamond worth thousands of dollars! Becca gave Tina the ring to examine. Tina put it in her pocket and told Becca that she would never have given it to her if she had realized its value and that possession was back where it had always belonged. Tina also told Becca that Becca failed to legally accept the gift because she did not know its true value and also because Tina did not sign any document turning over title. Becca sues. Which of the following describes the type of gift at issue?
a. A gift causa mortis
b. A gift inter vivos
c. A gift inter mortis
d. A gift causa vivos
e. A donative gift

Answer 1

Answer:

The correct answer is letter "B": A gift inter vivos.

Explanation:

A gift inter-vivos refers to the transfer of a property from one party to another while the donor is alive. This transfer must be celebrated through a written agreement providing the beneficiary absolute ownership of the property. In such a case, the donor cannot request the property back and gives up any right over it.

The beneficiary must accept the gift for the transfer to be complete and if the property has value, the beneficiary will accept it as well.

The issue between Tina and Becca relies on not having signed any document for the transfer of the diamond ring but they are involved in an inter-vivos gift.