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Trustee won't return gifts

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Bayousara

Junior Member
What is the name of your state (only U.S. law)? Oregon

My mother passed away May 13, 2010 and her trust specifies that any gifts her children gave her can be returned to the children. I have several expensive framed prints I gave my mother to use during her lifetime which she agreed to let me have back upon her death, and the trustee refuses to let me have them. She insists they not be returned until the division of physical property takes place. As things are going, my mother's home is locked up and her children have no access to anything inside the home. Question (1) can the trustee make me wait until an as yet unknown date and time to get my prints back and (2) Is it the trustee's right to lock my mother's children out of the house?
 


Bayousara

Junior Member
Not assets

The pictures are my personal property. They are not and never have been my mother's assets of any kind. I have a portfolio of 25 expensive art prints which I have had over 40 years. My mother wanted to frame four of the prints to use in decorating her bedroom. We had them framed and they were to be returned to me upon her death. I never GAVE the prints to her, only loaned them for her to use. I want them back as soon as possible as they are now sitting in boxes on the floor. The trustee won't let me have them until she feels like doing so. The house they are in is locked (my mother's house) by the trustee. Am I entitled to get my art prints back ASAP? Also, my mother trust said we are to be given back any gifts we gave to her if we want them back. I have several other items that are NOT part of my mother's trust/will or anything else. How can the trustee forbid our getting these things when we ask for them? They have nothing to do with distributions. They belong to her children.
 

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