Legal Question in Wills and Trusts in Illinois

Is a gift still a gift after you die?

My brother died 9/3/00. He was given a guitar, amplifier, and a used mini van by his closest friend. The night of my brothers funeral, his friend went to the police and wanted to press charges against us for taking my brothers possessions which he claims are now his because my brother is gone. Everything is in my brothers name, including the title of the van and the receipts for the quitar, amp and van. My brother was not married and was a disabled vet from the Viet Nam war. He had nothing and the these things had to be sold to pay for the funeral expenses. Who has a right to the items listed? Do they go back to him or do they belong to my brothers estate? Our mother wants to keep the guitar to remember my brother by, it was all he had.


Asked on 10/07/00, 9:45 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Is a gift still a gift after you die?

Unless your brother made a will giving the gifts back to his friend at your brother's death, your brother's friend has no right to the gifts back. They belong to his heirs, your family. If your brother's assets amount to less than $50,000.00, your brother's assets can often be transferred to his heirs without probate, which is a court proceeding to collect and transfer the assets of the deceased. If there is a claim to the assets, however, like that of your brother's friend, then you should consider hiring a lawyer to consider initiating probate proceedings, or to assist you in the preparation of the small estate affidavit.

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Answered on 11/04/00, 1:00 pm


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