QUESTION
Does a gift have to be returned after death?
Asked on Feb 22nd, 2016 on Estate Planning - California
More details to this question:
My mother was given a gift, a ceramic Christmas tree with lights, from a friend in the 80's. My mother died in 2013 and the friend is asking for it back. Do I have to give it back to her?
1 ANSWER
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Are you asking who would win a lawsuit over the ceramic Christmas tree? Assuming that your mother's Will does not leave the item to the friend, and assuming that the friend gave it to her rather than just loaning it to her, then a court would probably award it to your mother's heirs (and I assume that would be you). But, in the spirit of Christmas, I urge you to consider giving the tree to the friend as a gift from you. By doing so, you would be giving the friend an item to help her remember your mother (and you) fondly.
Answered on Mar 23rd, 2016 at 10:57 AM