Q: when the executor of the estate gifts an item from the body to another person is this legal
The oldest sister is the executor of the estate of a diseased widow, there are 4 living daughters. the youngest is who received the ring for her daughter at the end of the procession by the funeral director. She is the daughter of the latest husband that bought the ring for her. One of the sisters complained that it was not berried with mom, so it becomes part of her estate. now asking for ring back. Is this a mistake and as a gift should you return it? It was given to an 8 year old grand-daughter.
A:
Was it given by the deceased during her lifetime? Or was it taken off the body at the time of closing the casket? If the former, it was a gift and if completed before death, the item is not part of the estate. If the later, things are much more murky.
HOWEVER, that is mostly beside the point. A more pertinent questions is "what is the value of the ring?" Even in the 'worst case' scenario, nobody needs to take a family memento/ring from an 8 year old here! The value of the ring may need to be divided by 4 and each then simply receives a share of the value from the remaining estate assets, and the ring stays with the grand-daughter!
It sounds like an attorney could help drill down to get past some of these sorts of issues, and all four siblings need to have a bit of a 'sit down' to review what mom wanted, and how they will move forward as a family. Don't let something as inconsequential as 'stuff' get between family!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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