Legal Question in Wills and Trusts in Illinois

Re: Gift received before death was part of deceased's will

Under the law, a specific item that is gifted away before a person's death can no longer be bequeathed to someone through the will because it is not owned by the estate.

According to your question, the person who gave it to you received it from the deceased person?

Assuming that the court that is summoning you is the probate court, they will want to be presented with some evidence that you were truly gifted the piano instead of it just being loaned to you, or you keeping it for someone.

If there is nothing in writing, the person who gave you the piano, if available to testify, would be critical to your being able to prove that he gave it to you, without expectation of its return. In addition, it should help prove that you did not "remove" it from the estate in any way. If there are other people willing to testify, the more the better, if they have first-hand knowledge of the transaction.

I'm sure the court will also want to know if you knew the original owner before he died, or if you were a disinterested third party when the original owner gave it to the middle person.

As far as whether you should hire an attorney, it is always a good idea to consult with an attorney regarding the specific facts of your claim.

Please be aware that the advise given in this response is based on the limited information that you have provided in your question. There could be other issues involved that have not been addressed that may change the answer or approach you should take to defend your claim.

Your local Bar Association should be able to recommend someone in your area to consult.

Good luck to you.