Legal Question in Wills and Trusts in New York

Re: Who's ring is it?

Presuming that the ring was given as a gift, with no strings or conditions attached (e.g., I am giving it to you because we will be gettig married and our marriage is a condition of your right to keep it), it belongs to the recipient. Its source, from his deceased mother, is irrelevant unless his obtaining it from his mother was contingent on any conditions (e.g., that he hold it for any daughter he might have). In this case your receipt of it might carry his mother's condition. If there were no conditions, its yours.

Re: Who's ring is it?

Determing ownership of the ring depends on how the ring was transferred from the mother to the boyfriend, and from the boyfriend to you.

Generally, gifts are unconditional. However, if there was pre-conditions attached to the gift of the ring and those conditions were not satisfied, then the gift reverts back to the giver, or his estate (e.g., conditional on getting married, etc.).

Re: Who's ring is it?

If the ring was given as an engagement ring, by statute in NY, it must be returned if the marriage does not take place.

If it was given solely as a gift to celebrate a long standing relationship, and not in contemplation of marriage, it need not be returned.

As a practical matter, fi the children are intent on getting their grandmother's ring back, you may just have bought yourself a lawsuit by keeping the ring.

Re: Who's ring is it?

If the ring was given to you as a gift (friendhip, birthday, Christmas, just because...) and NOT as an engagement ring (in contemplation of marriage), the rimg is yours.

Re: Who's ring is it?

There are several issues. First) Did your boyfriend have rightful possession of the ring in the first place? How did he receive it from his mother. If he had no right to the ring, neither do you. Assuming he did have rightful possession of the ring the second issue is what was the purpose of giving you the ring: Was it a gift or a conditional present. If it was presented to you in contemplation of marriage. (This was my mother's wedding ring, and now I want it to be yours), assuming the marriage never occurred, you must return the ring, if it was not a conditional gift you're free to keep the ring.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.