My mother has given me half of her jewelry, She claims to have found a attorney and if I don't return jewelry she will

Question

file a report with a attorney for Grand Larceny.  I know she is suffering from the first stages of dementia.  My question is, will a police officer come to arrest me???  She has willing given me her jewelry and always has stated that when she passes away the jewelry is mine.  Also her and my father divorced 30 years ago.  She had since remarried and divorced twice.  My father didn't.  When he passed I am next of kin so I had to do the burial process etc.  I have his jewelry.  Legally, can she file anything in regards to his jewelry.

Tristan Kenyon Schultz · Answer

Justia's Q&A is for general legal questions. If you would like an assessment your situation, you will need to contact an attorney directly.  
 
For general information, a gift technically cannot be revoked if the full exchange has been completed. However, there is a matter of evidence. Assuming there is not written agreement (which most gifts do not have), it is possible that a person giving a gift could argue that they never gave the gift. Whether this is even a possibility is fact specific and requires a full review of the underlying facts and review of any evidence of the gift/exchange. Note, the fact that your mother is suffering from dementia is a factor that raises significant doubts about her claims.  
 
Turning to legal threats, it is possible that your mother could hire a lawyer or report a theft. For the reasons listed above, your mother cannot simply have you arrested. The police could potentially investigate, but the police are usually reticent to become involved in family disputes (esp. if the victim has mental competency issues). You mother could also sue you (likely in small claims court). This can be done with or without a lawyer. If this occurs, your mother will have to prove conversion (the civil equivalent of theft) and this is no easy task.  
 
Lastly, hiring an attorney to litigate is not cheap. Based on the complexity of the case, scope of the work performed, and hourly charge of an attorney the attorney fees would be thousands of dollars (I cannot imagine an attorney working for less than $1,000). Due to the expense of hiring an attorney, I have found that many people you threaten to hire an attorney have no intension of hiring an attorney.  
 
In short, your mother can potentially challenge your possession of the jewelry, but ability to challenge ownership does NOT mean that she will find a receptive judge, attorney or police officer. You know your mother, so you will have a better idea what she is likely to do and how you can best protect yourself. Again, if you need a full analysis you will need to contact an attorney directly.

Q: My mother has given me half of her jewelry, She claims to have found a attorney and if I don't return jewelry she will