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Constructive trust questions

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Knitter1

Junior Member
What is the name of your state? Massachusettes

My mother inherited her mother's diamond ring. This ring will eventually be passed down to me. May months ago, my mother gave the ring to her brother to hold in his safe for safekeeping, with understanding that she can have it back anytime. Subsequently, she and her brother and brother's wife had a feud (unrelated to the ring). Last month, her brother died. The fued continues with the sister-in-law. We are afraid that if mother asks her sister-in-law for the ring, the sister-in-law will refuse to give it back. If she refuses, what remedy do we have to get back the ring? Someone mentioned law of constructive trusts might apply?
 


seniorjudge

Senior Member
I am assuming that y'all have nothing in writing.

This means that ma needs to ask for the ring.

If sis-in-law does not give it back, then it's off to court with you!
 

tranquility

Senior Member
Constructive trust? No, don't even think of going there. If anything, I'd say bailment. Even then, you will have an uphill battle unless you have something in writing. Better would be to say "pretty please with sugar on top." Unless you're talking about small claims, litigation will be expensive.
 

nextwife

Senior Member
Do you have ANYTHING that proves this was mom's property? An appraisal in her name? An insurance rider listing the ring under her homeowner's insurance?
 

Dandy Don

Senior Member
Did your mother leave it to you in her will or was she just hoping that for sentimental reasons it would be given to you at the appropriate time?
 

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