QUESTION
Can a person take the ring back after ten years?
Asked on Sep 05th, 2012 on Estate Planning - Michigan
More details to this question:
My sister in law gave me a ring from her former marriage. It was placed in my wedding ring. She got mad at my husband and now wants it back.
11 ANSWERS
No. A gift is final when delivered and accepted.
Answered on May 28th, 2013 at 8:45 PM
Shadi Ala'i AlaiShaffer
No. It appears it was a gift so no she cannot.
Answered on May 28th, 2013 at 8:45 PM
Civil Litigation Attorney serving Aptos, CA
at
Richard E. Damon, P.C.
Update Your Profile
No.
Answered on May 28th, 2013 at 8:41 PM
Business Transactions Attorney serving Los Angeles, CA
at
Doland & Fraade
Update Your Profile
No.
Answered on May 22nd, 2013 at 4:04 AM
A gift is a gift and can't be demanded back unless there are conditions set at the time of the giving that the recipient violates and can't make good on.
Answered on Sep 13th, 2012 at 10:08 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
A gift is completed if there is donative intent and delivery. She wanted you to have it, and gave it to you, so I think this is a completed gift. Furthermore, if you were to give it back, you would have to have work done to your wedding ring. If you sister is very wealth, and very litigious, I'm sure she could find somebody to try a lawsuit for the return of the ring. And it would be a very interesting lawsuit.
Answered on Sep 13th, 2012 at 10:07 AM
Neal Michael Rimer
Unless the gift was conditional, the person making the gift cannot demand its return. Once given it belongs to the recipient.
Answered on Sep 13th, 2012 at 10:06 AM
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
A gift is a gift. Once the transfer occurs, the property belongs to the recipient. The person making the gift cannot lawfully demand it back. This is the key distinction between a "gift" and a "loan." .
Answered on Sep 13th, 2012 at 9:56 AM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
If she gave it to you she cannot take it back unless there was some condition both of you understood.
Answered on Sep 13th, 2012 at 9:54 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
No. Once she has given it to you, it is yours. She has not retained any interest that she can reclaim. This is different from a situation where the gift was conditional. If someone said, you can have my ring, as long as you stay here and take care of me, then the gift would be conditional. In your case, the gift was apparently unrestricted.
Answered on Sep 13th, 2012 at 9:53 AM
Probate and Estate Planning Attorney serving Harrison, MI
at
David T. McAndrew, Attorney at Law
Update Your Profile
At the time she gave it to you, I assume it was a gift. She relinquished her right to the property at that time. Years later, it is highly doubtful that the court would find in her favor, and return it to her. It's your ring.
Answered on Sep 13th, 2012 at 9:52 AM