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Do I need to return gifted jewelry?
Anonymous5 views2 answers
My grandmother gifted me a diamond ring in 2005. She gave me the ring with a copy of the appraisal papers that contains her handwritten note gifting me the ring. Last year she asked that I return the ring that she "loaned" me. She said that she wanted to give it to someone else and that she never gave it to me, only loaned it. I have her hand-written note stating otherwise. The relatives that now want the ring have encouraged her to seek legal advice regarding this issue. Her attorney has contacted my father, demanding that I return the loaned item. Being that it was a gift with a hand-written note stating so, do they have any legal standing?
Robin MashalLitigation LawyerLos Angeles, CACA licensed ·
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
The answer will depend on your grandmother's intent when she gave the ring to you, what the writing says, and whether or not your grandmother had the proper mental presence. If you are being contacted by their attorney, I suggest you immediately retain your own attorney.
In regard to the law, you certainly appear to be in the positive position in that you not only have the ring, but you have a written document executed by your grandmother memorializing and evidencing her true intentions. On that basis, the law would provide that there is an assumption that this was a valid gift transfer of property. The only way she could prevail would be upon exception of the rule. An example would be such as if in 2005 you know that your grandmother was absolutely incompetent, Alzheimer’s, and/or having no understanding of what state she lives in, and knowing that you convinced her to give you the gift and sign the memorization of the gift. Don’t be intimidated that a lawyer is contacting your father, he is simply a paid advocate and he or she will pitch their best story to you in the hopes of successfully accomplishing their client’s goal.
