Legal Question in Wills and Trusts in Pennsylvania

The ring was a gift. Assuming George was of sound mind why would she have to give it back? I don't see how his family could have any legal basis for asking for the ring back. Of course it doesn't mean they won't try. What if instead of a ring it was an ID bracelet? The answers the same a gift is a gift.

{John}

The facts here a slightly different than the case of Lindh v. Surman. In that case, a man gave a true engagement ring to his fiancee. The marriage broke up. Eventually, the PA Supreme Court ruled that the fiancee had to return the ring as it was a conditional gift given in contemplation of marriage.

In your case, there was no contemplation of an actual marriage so the gift was not conditional on any future event, like a wedding. It was a completed gift. Under this fact pattern, I would agree with Attorney Davidson. A gift is a gift and need not be returned. George's family should discuss this with the probate lawyer for George's estate.

I would not return the ring to George's family. If the probate lawyer believes this is an "enagement" ring pursuant to Lindh v. Surman, explain in a letter why it is not and why this completed gift need not be returned because your Mother's situation is different in that no marriage was going to ever occur.