On 09/01/09, Harry Foster, Sr. purchased an $80,000.00 certified check and sent it to Harry Foster, Jr. On 09/03/09, Sr. committed suicide. On 09/03/09, Jr. received package from Sr. a few hours after suicide. Another son, Michael filed Petition for Letters Testamentary and was appointed executor of Sr.’s estate. Michael also filed a petition for the return on the $80,000.00. Jr. testified at trial that in 3 separate conversations, Sr. stated that he was going to give the money to Jr. as a monetary gift. He was told by Sr. to spend the money on his family. Sr. knew that Jr’s son suffered from a form of blood cancer and that his daughter was getting married in August. Probate court determined that the check was a completed gift and was not part of the estate. Michael appealed.

The elements of a gift are: (a) an intention to give and surrender title to, and dominion over , the property; (b) delivery to the donee; (c) acceptance by the donee. Garrison v. Grayson, 284 Ala. 247, 249, 224 So.2d 606, 608 (Ala. 1969). The gift is complete when it is “paid, certified or accepted by the drawee.” Dial v. Dial, 603 So2d 1020 (Ala.1992).

The Court determined that there was a completed gift from Sr. to Jr. Evidence in this case was also sufficient to support a finding of intent to gift monies to Jr.

Judgment affirmed.