Legal Question in Wills and Trusts in Illinois
My brother bought my mom some jewelry as a gift, my mom than passed it onto my daughter when she died, now my brother wants it back, can he do that legally
Asked on 8/14/15, 8:39 am
2 Answers from Attorneys
Virginia Prihoda
Law Offices of Virginia Prihoda
Probably not. An unconditional gift (assuming without proof that this is what we have) once completed, vests absolute title in the recipient. The jewelry would have become your mother's to do with as she wished.
Answered on 8/14/15, 11:12 am
Henry Repay
Law Offices of Henry Repay
I agree with Attorney Prihoda. If your version holds up, the gift made the jewelry your mother's and she had the right to do with her jewelry as she saw fit, regardless that it was originally from your brother. If she properly conveyed it to your daughter, that should hold up.
Answered on 8/15/15, 1:09 pm