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Can I be sued for this?

My mother's ex husband bought her a diamond ring a few months ago. My mother recently passed away and he is demanding the ring back. She did not have a will but I am beneficiary of her life insurance, was power of attorney for her, and I have paid her bills, taken care of her affairs, and packed up her apt. The ring was amongst her possessions and he has threatened physical harm to me and threatened to take me to court. Can he sue me for this ring?

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Attorney answers (1)

Reputation Level 11
I am assuming that the ring was given to your mother as a simple gift with no strings attached. Once that occurs, ownership passes directly to her, and her ex-husband no longer has any claim upon it. Therefore, he can sue you, but he wouldn't be likely to win.

On the other hand, if the ring was given to her in anticipation of, or payment for, some action, and the action was never performed, then there is may be a breach of contract issue and he may have some legal recourse. Check out the conditions of the gift before making any further decisions.

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