my mother left me painting in her will but she gave it to my brother before she died. Can i ask for it back?

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  • Anonymous
    3 months ago

    Talk with your brother but don't insist or make a fuss.  Offer it to him graciously if he wants to keep it, be big about it. If he offers it to you, that's fine too.  

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  • Anonymous
    4 months ago

    Why get worked up over a lousy painting? 

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  • SW-6
    Lv 6
    4 months ago

    I am thinking best to just leave it alone.  For whatever reason your Mom gave it to your brother for reasons only she can confirm.  You two have been thru enuff and have no business possibly putting a wedge between you over a fight for a painting.  Your mother deserves more respect from both of you than blaming her for starting any resentment between you.  Let it go.  :)

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  • 4 months ago

    Wills only affect property at the date of death. If the property is not owned by the will maker at the time she dies the gift is ineffective.

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  • Bill
    Lv 6
    4 months ago

    no

    it was not in her estate as it belonged to your brother prior to her death

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  • Anonymous
    4 months ago

    Yes, you can ask for it back.  No, he doesn't have to.  

    It was her painting to do with until she gave it away.  At that point, it became your brother's property.  Her section of the will dealing with the patient is no longer valid.  The will only says what is done with the property that is part of her estate on her death. 

    Let's say your mother said 'I leave $100,000 to my son' BUT when she died, her estate isn't worth $100,000.  The will's bequest is meaningless.

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  • Anonymous
    4 months ago

    Wrong forum. Fail. It's a legal issue, not a painting issue. 

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  • 4 months ago

    Were you reimbursed?

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