Legal Question in Wills and Trusts in Pennsylvania
My grandmother passed away last year. At that time, my father brought her jewelry to me and gave it to me. We have since had a falling out. He recently emailed me and is asking for the jewelry back. He is the executor of the estate. Does he have the right to do this? There is no will detailing who should get these items.
1 Answer from Attorneys
If there is no will (I assume that your grandmother lived in PA at the time of her death) then all states have intestacy laws for people who die without a will. Generally, any property or possessions go to the surviving spouse and if there is none, then to the children (I assume that your grqandmother's parents were deceased). I don't know how many children your grandmother had. If your father was the only child, then he would have received it all. Otherwise, whatever your grandmother had would be divided among all her children or grandchildren (if one of your father's siblings is dead but left surviving children).
The problem here is that your father never should have given the jewelry to you until your grandmother's estate was probated and doing so placed him at risk. The jewelry has to be valued for inheritance and estate tax purposes. Also, all estate debts/claims must be paid before any property is distributed. If the personal representative makes a distribution early, he is going to be liable if the money or other property has to be sold and used to pay the estate bills. Most personal representatives see if they can get the property back but its a very awkward position to be in.
I would question your father as to why exactly the jewelry is needed. If he needs the property to be valued, then I would arrange not to give the jewelry back to your father but tell him that you will deliver it to a certified appraiser (a gemologist or a jeweler) so that an appraisal can be done. If the jewelry is needed as it must be sold to pay estate claims,
then you really will have to give it back or offer to buy it from the estate for whatever its worth if it possesses sentimental value for you. Do you know if it is valuable? I also don't know if there are other children. If your father had siblings, then the jewelry should be divided equally among the children who want it.
Depending on the answers, I would decide whether to give it back or not. If you give it back, you may never see it again. And a gift is a gift - your father gave it to you. You should not give it back unless there is a really really good reason to do so.
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