Inter-Vivos Gifts Self-Quiz

 

 

 

 

 

 

Uncle wants to give a birthday gift to Nephew. So, he mails Nephew a check for $10,000. While the check is in the mail (before it reached Nephew), Uncle dies. Nephew receives the check, but Uncle’s estate demands that Nephew give the check back. Is the estate correct?
Choice 1 No, because Uncle intended for Nephew to get the money
Choice 2 No, since Uncle died, it’s considered a gift causa mortis
Choice 3 Yes, because Nephew is not a direct heir of Uncle
Choice 4 Yes, because there was no delivery and acceptance during Uncle’s life.
Uncle wants to give a birthday gift to Nephew of $10,000, but he doesn’t have enough money right now in his bank account. So, he gives Nephew a check on July 1, but postdates the check September 1. During this time, he intends to deposit the necessary funds into the account. Is this a valid inter-vivos gift?
Choice 1 No, because it is a gift of a future interest and a gift must be given presently
Choice 2 No, he doesn’t have enough money to cover the check in his account as of this moment.
Choice 3 Yes, because it is a present gift, even if it is of a future interest
Choice 4 Yes, because a gift can take effect at a later date
Uncle wants to give a birthday gift to Nephew of $10,000, but he’s not sure. So, he hands Nephew a $10,000 on July 1 that is dated September 1. Uncle says “If you behave between now and September 1, you can take the money. But I reserve the right to stop payment on the check if you’re not a good boy between now and September 1. Is this a valid inter-vivos gift?
Choice 1 Only if Uncle has $10,000 or more in the account as of July 1
Choice 2 No, because the gift will not take effect until September, so the delivery in July doesn’t count
Choice 3 Yes, because it is a present gift of a future interest
Choice 4 Yes, because a conditional gift is a gift nonetheless
Uncle wants to give a birthday gift to Nephew of $10,000. Upon hearing of this, Nephew gets so excited, that he sends his sister, Niece, to Uncle’s house to pick up his check. Niece goes to Uncle’s house and picks up the check for Nephew. While Niece is returning home to deliver the check to Nephew, Uncle suffers a heart attack and dies. Uncle’s estate wants to recover the $10,000. Can it?
Choice 1 Yes, because as long as a check is not cashed, it cannot be considered a completed gift.
Choice 2 Yes, because there was never a delivery and acceptance while Uncle was alive.
Choice 3 No, because it is a gift causa mortis
Choice 4 No, because Niece is Nephew’s agent. Therefore, when Uncle gave the check to Niece, the delivery was completed and the gift was effective.
Uncle wants to give his yacht to his Nephew as a birthday present. He thinks of 3 possible ways to accomplish the gift of the yacht to Nephew:
A- giving him the keys to the boat
B- taking him down to the marina and bringing him aboard the boat and telling him that he’s transferring title to the boat
C- writing down on a piece of paper that he wishes to transfer the boat to Nephew and giving him the piece of paper.

Which of these, if any, are effective?

Choice 1 A, but not B or C
Choice 2 A and C, but not B
Choice 3 All three
Choice 4None of the three

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