Legal Question in Civil Litigation in Ohio

Re: Ownership

First of all, i can't tell what state everyone is in. If this art has value be prepared to hire a lawyer to fight this, regardless! The question becomes was it lawfully your mother's to give you in the first place, and did your father acquiesce at that time and it appears as though he did. I would have to see the original will also to know for sure. Of course, testimony will be offered probably asserting that your mother was only loaning it you...it's a trial issue...lawyer up!

Re: Ownership

A very interesting question. This sort of problem is often encountered when someone discovers that a family heirloom is more valuable than anyone previously imagined. Depending on the value of the object, all sorts of long lost relatives with an interest in the estate may wish to renew their family acquaintances.

To answer your question properly, I would have to examine your aunt's will or trust. The first, and most logical, question is whether your father or mother are devisees under the terms of the will -- that is, were either of them beneficiaries. More to the point, were either of them given these pieces of art, or some other collection of personal property that might reasonably include the artwork? If so, they have every right to give the artwork to you, and other heirs have no claim. The answer to this question may possibly be apparent from the language of the will or trust, or may require some careful interpretation. In either case, a lawyer should examine the will and/or trust.

If your aunt's will or trust did not specifically devise (a fancy word for "give") the art to another family member, or worse, specifically gave it to another family member, then things are much more complicated. The other heirs may have a claim, although this will depend in part on the status of the estate and their relationship with your father. It is conceivable, for example, that another heir left these things in your father's care without any intention of giving them to him. If so, they may be able to recover them, although it is possible (and I stress, possible, not certain) you could be reimbursed for the reasonable costs of storage, repair or maintenance of the artwork.

All of this is idle speculation, however, without knowing much more about the particulars of the estate, and without some information about your father's relationship with other heirs and the circumstances under which you came into possession of the artwork.

I encourage you to contact my office if you have questions about this matter. My contact information is below.

Good luck, and thank you for your interesting question.

Re: Ownership

Who exactly is objecting to the "gift"?

If your parents are on your side, you could get them to document the gift and that could end the dispute.

Have you insured the artwork? That is suggestive of ownership, rather than "borrowing" it.