Legal Question in Consumer Law in Florida

Friend gives gift, his ex-wife wants it returned

My bestfriend gave me an eagle statue just prior to his death. He lived at my home and had the stature there. When he left to get his own home he left the statue with me. He was seperated from his wife. During this time he got sick and they also got divorced. He told me to keep the statue in the event of his death. Shortly there after he passed away. His ex-wife is now threatening me with the police if I don't return the eagle statue to her. I have had the statue in my possession for close to two years. She is sending me threatening e-mails as well. What are my options and do I have a legal right to the statue?


Asked on 5/18/09, 3:03 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Friend gives gift, his ex-wife wants it returned

If it was his statute, then he can give it to you and it is yours. If she owned the statute, then he can't give it to you.

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Answered on 5/22/09, 8:56 pm
Angelo Marino Angelo Marino Jr. PA

Re: Friend gives gift, his ex-wife wants it returned

If she is the owner of it or part owner of it, boy friend cannot gift what he does not own.

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Answered on 5/18/09, 3:58 pm


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