Can a family heirloom that was given to someone out side of the family before the owners death be taken back?

Asked about 1 year ago - Philadelphia, PA

A woman who had a family heirloom knowing she was dying and estranged from her family decided to give a close friend the heirloom instead of allowing it to go to a family member upon her death. Now deceased the family is claiming it is part of the estate. Even though they have had no contact with the deceased until the time of her death. Does the friend who received the ring from the deceased legally committed to return the ring to the family since the ring was disposed prior to death.

Attorney answers (3)

  1. Charles Adam Shultz

    Contributor Level 19

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    Answered . If the decedent had capacity and was not subject to undue influence, she was free to make any gifts she wanted to. The family would have to prove lack of capacity or undue influence. The gifts sounds like it was delivered with donative intent and is complete.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  2. Sean Patrick Lewis

    Contributor Level 17

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    Answered . How long prior to death was the ring given? Was the now deceased woman mentally competent at the time the ring was transferred?

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more
  3. Celia R Reed

    Contributor Level 20

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    Answered . Probably not. A gift is a gift. If the deceased was of sound mind and had the legal capacity to give the gift, the family has no right to it.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

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