Legal Question in Civil Litigation in Massachusetts

Harrassment by sisters lawyer

My sister gave me a figurine that was my grandmother's rather than list is as a marital asset during her divorce. Now 4 years later she has a lawyer send me a letter demanding I return it. She lied and said she contacted me numerous times about it when in fact she has never spoken to me about it. I responded in a letter to the lawyer that she gave it to me and asked him to stop contacting me. I told him it was a family issue not a legal issue. He sent another letter telling me again to return the item and then went on to mention the case she has against another sister. Why would he bring up a case against another person to me when I am not involved in that. What are my rights? Can I be taken to court over this? Should I retain an attorney?


Asked on 6/03/05, 11:46 am

3 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Harrassment by sisters lawyer

It sounds that your sister lent you the figurine during a divorce process, and now she wants it. BY accepting the figurine knowing that it was part of a marital estate, you conspired with her to engage in fraud. I think you should contact an attorney.

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Answered on 6/03/05, 2:18 pm
George Davis Law Office of T. George Davis, Jr.

Re: Harrassment by sisters lawyer

I disagree with Attorney Lebensbaum's assessment of your issue. It appears to me that your sister gave the figurine to you as a gift. Her donative intent, coupled with her delivery of the figurine to you and your acceptance of it, indicate to me that the figurine was a gift to you and is now yours. Although ther may be important facts that you did not put in your question, I haven't seen anything so far to indicate that you conspired to defraud your sister's ex-husband. I do agree with Attorney Lebensbaum, however, that you should contact a lawyer.

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Answered on 6/04/05, 6:20 am
Len Foy NH Residential Title & Escrow

Re: Harrassment by sisters lawyer

Hi -

I agree with the other attorney's point of view that the figurine was given to you as a gift - my advice, retain an attorney to respond to the lawyer on your behalf and stand your ground -

Don't let your sister have "her cake and eat it too" - if it was her intent to defraud her husband don't let her defraud you as well -

Good luck!

Leonard Foy, Esquire

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Answered on 6/05/05, 1:25 pm


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