Why doesn't my laptop let me open any programs?

Do I have to return a laptop that was given to me as a Christmas gift?

• Before Christmas last year I took in my nephew for my brother, who I have never really talked to much and am not very close with (personal reasons). For Christmas last year to make up for the many years he's missed, and to thank me for taking in his son in, my brother bought a new laptop for me because mine was old and was missing 2 keys. He sent it to our mom's house for our family Christmas (he wasn't able to attend himself due to a hectic work schedule) and I received it there. Anyway my nephew also has to do online school so while he has been staying with us I let him use the laptop under my supervision since if I didn't, he would have to walk to the library every day and it's the middle of winter, I didn't want him getting sick. Now, because I recently found out about a health issue that I need to take care of, I am no longer able to take care of my nephew so he has to go back to his mother's house (which is an inconvenience to her). I won't sugarcoat it, his mom didn't want him back and my brother (his dad) is not a good father, he had been absent from my nephew's life for the past 13 years (nephew is 15). He would rather put himself and his career first instead of being responsible and raising his son or paying child support. To clarify, my nephew's parents live on opposite sides of the US, and they have been divorced for about 12 years. His mother lives in the same State I do (Michigan) and she is raising my brother's other child just fine, yet she doesn't want to take my nephew back because he is a handful. This is not a very nice situation and because I can no longer take care of my nephew, my brother is demanding that I give my laptop to my nephew because he has to do school work on it. It was a gift for Christmas, so I do not feel that I should have to give it to him. My brother can honestly go out and buy a hundred more laptops if he wanted, he has a very good paying career and is very successful at what he does. He is doing this to spite me, he is vindictive and that is the only reason that he is trying to make me give up my laptop. He has changed his story and is now saying that he bought it specifically for his son, and he told my nephew that (all this time he accepted that it was NOT his and that he was ONLY permitted to do school work on it, it was NOT for his personal use). It is obviously not true that the laptop is his son's and not mine because if it was for his son then he would have addressed it to him, it would have been his to open at our family Christmas, and it would have been his to take care of this whole time. When I got it, I'm the one it was addressed to and because my brother installed a bunch of cool programs on the laptop before sending it out here, he put the administrator account in my name and he gave me the password. If it was his son's all along obviously he wouldn't have done that. So my question is, am I legally obligated to give it to my nephew just because he was using it for school while he was here? I believe I don't have to, but at the same time I don't have the receipt for it. I've had it since 12/24/11 and I registered the laptop in my name on the manufacturer's website the night I brought it home. I say it is mine and now my brother is changing his story in order to spite me, but my mom saw me open it and she knows my brother bought it for me. So I feel that my brother has no case. Can he take me to court over this? It's a $500 laptop, so for him to take me to court he would be wasting a lot more than $500 (he would have to get a plane ticket from CA to MI, then whatever court costs, etc). He can afford it but he has like 8 active warrants here in MI so I doubt he would actually come here because he'd be taking a huge risk. He told my nephew via text message that it is his for the taking and now my nephew flat out told me that he is taking it when he leaves my house to go back to his mom's. I told him the hell he is because he would be stealing my property and I would file charges against him (said it to scare him but if he really did it, I sure as hell wouldn't just let him walk out of my house with it, it's mine). My nephew now continues to insist he is taking it, and that it was his all along. It's basically my word against his so who has the legal right to the laptop? I take it in my room every night so that it doesn't get broken or stolen. My nephew, while living with his dad out in CA has gotten caught with stolen merchandise and has broken expensive items because he can't control his temper, he gets really out of control. So to keep it safe it is put away every night. This is a really complicated situation and it is causing me a lot of stress, so what can I do to prove it is mine? I have the laptop's box and messages on facebook between my brother and I where he told me to make sure I supervise my nephew on it and that he was se

• Answer:

  I learned about this in my business law class. If he gave it to you as a gift, and adressed you with it, then it is legally yours. It is verbally contracted whether your brother knew it or not. Just because your nephew has used it for schoolwork, that was your choice to let him as the OWNER. You don't have to give it back. And if you have messages where he tells YOU to supervise, that proves you are the rightful owner because you have administrative power over who uses it. Most people don't know this, but a gift such as an engagement ring, it is a legal contract since it was given to you by the previous owner. He verbally granted ownership to you.