Legal Question in Wills and Trusts in Pennsylvania

My Mother(67) and her "companion" George(82) had been together for several years. They had no plans to marry, for several reasons, including but not limited to the fact that by remarring she would forfeit benefits that she was entitled to from her deceased husband. Despite this, George had purchased and given her a ring to signify their union. This ring was commonly referred to by both my Mom and George as an "engagement" ring, despite the fact that they made it no secret that they never planned to marry. George recently passed away and his family is demanding that she now turn the ring over to them since they did not marry. Is my Mom in any jeperody of legally being required to do this?


Asked on 3/28/12, 1:46 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

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}

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Answered on 3/28/12, 2:03 pm

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.

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Answered on 3/28/12, 4:13 pm


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