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Can I accept my mother's wedding ring as a gift?
Anonymous3 views5 answers
My mother is in a nursing home and my sibling is conservator. My mom wants to give me her wedding ring before she passes; I have my father's ring as well. The cost of the ring is maybe 3-4K? I do not get along w/ my sibling, so can my sibling ask for the ring back once given to me? If I do not accept the ring from my mom soon, my sibling will keep it.
Paul F. OliveriPersonal Injury LawyerNew York, NYNY licensed ·
To help you receive appropriate responses to your question, I am removing the "Nursing Homes" topic from your listed practice areas. In this forum, I believe it denotes a nursing home negligence or abuse case involving personal injury or death (which is why, I suppose, your question appeared with Personal Injury questions). Good luck to you.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Yes, you can accept the ring from your mother, but you know the right thing to do is let your sibling know. If we don't have integrity and character in this world, we have nothing.
First thing to know is that a conservator is required to follow the wishes of the conservatee, when In the person is competent. Second, in the nursing home setting, the Ombudsman (an independent government representative) may be able to witness the gift and thus give you more protection from your sibling later. You can also ask the nursing home staff to have your mother's doctor to evaluate and make a specific note about her competency around the time she make the gift to you, thus bolstering you status as the ring's rightful donee (one who receives a gift). Finally, if you have the ring, it would require a court action to make you hand it over. Your sibling has no power to make you act against your will. Generally, it takes a judge to do that.