Dayton, TN asked in Probate, Elder Law and Estate Planning for Illinois

Q: Can I sue my mothers cousin for obtaining a family heirloom from her under false pretence and never returning it?

My mom born 1925. Her mom, my grama hand made a baptism gown for her, then my uncle wore it in 1928. After that, it was borrowed by other family, but always returned to my grandmother, who an eye on it. Gram died in '85, left the gown to my mom, Our children were born in '88, '91, & 96 and they all wore the gown. After the third child, mom GAVE IT TO MY WIFE and asked her to "Retire" it from further Baptisms and it was put away by my wife. It was beginning to show its age. Mom had several strokes in the following years, which left her in a very confused state in a Chicago nursing home. One day mom asks my wife to bring it to her on our next visit, that her cousin Peggy wants to "BORROW" it then return it. We brought it with the understanding we would get it back. Peggy lied. We later learned that Peggy had it mounted, framed, hung in her den, and that she will not return it. Draw a line straight down, my gram to my mom to my family. The gown, my birthright, taken from a feeble old lady

1 Lawyer Answer
Ray Choudhry
Ray Choudhry
  • Estate Planning Lawyer
  • Moline, IL
  • Licensed in Illinois

A: If mother is alive, she can settle it.

Otherwise, you will need proof that she gave up ownership.

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