Recovering Property from my father's ex-girlfriend

[posey1133]

What is the name of your state (only U.S. law)? CA

My father was a well off individual for many years. During these times of posterity, he gave art, money, and trips to various girl friends. He is getting on in years and has experienced a reversal of fortune and now needs some of these assets. I'm aware of a piece of art at one of his ex girlfriends house that is a significant asset. I'd like to retrieve it so that we can auction it off to support him in his remaining years. The item in question is in her possession, but no "gift" tax has been paid, so I'm considering this as just one of his current assets that can be liquidated. How would I go about retrieving this item, if the ex-girlfriend is reluctant to give it up? Thanks for your response.

Eric

 

[justalayman]

You can’t steal back gifts and sell them. Once given they’re gone. Whether he paid any gift tax or not is on him since gift taxes are his responsibility anyway. Failing to pay gift taxes, if due, does not change the fact he gave the assets as gifts.

 

[adjusterjack]

I'm considering this as just one of his current assets that can be liquidated.

You'd be considering wrong. He gave it away. It's hers. He doesn't own it anymore.

How would I go about retrieving this item, if the ex-girlfriend is reluctant to give it up?

You don't.

Gift tax has nothing to do with it.

 

[HRZ]

On the unlikely theory that this art was merely loaned out for display purposes , your father might visit the location and politely request the return of loaned art work. But that ball is in his court, not yours!

 

[Zigner]

On the unlikely theory that this art was merely loaned out for display purposes , your father might visit the location and politely request the return of loaned art work. But that ball is in his court, not yours!

There was no indication that these items were loaned. If they HAD been loaned, the OP would have said so. Please don't suggest red herrings.

 

[justalayman]

There was no indication that these items were loaned. If they HAD been loaned, the OP would have said so. Please don't suggest red herrings.

Why not? They’re tasty with a mild dill cream sauce.

 

[xylene]

OP, you need to get over it. Seriously. Even suggesting this

so I'm considering this as just one of his current assets that can be liquidated.

makes you sound like a bitter crank.

Your father made his own choices with his money and you don't get to 'revert' anything because you thought they were foolish.

Seriously, your father maybe he was trying to tell you something by effectively disinheriting you in favor of some floozie.

 

[Just Blue]

OP, you need to get over it. Seriously. Even suggesting this



makes you sound like a bitter crank.

Your father made his own choices with his money and you don't get to 'revert' anything because you thought they were foolish.

Seriously, your father maybe he was trying to tell you something by effectively disinheriting you in favor of some girlfriend.

I fixed that for you. You are Welcome.

 

[xylene]

I fixed that for you. You are Welcome.

I'll allow the OP to see his father's string of late life casual short term romantic partners however he want, and I can see it however I want. I don't have to think highly of the recipients integrity for accepting such largess. Perhaps some outrage is warranted, perhaps not, but outrageous or not, the donative intent is clear.

 

[Just Blue]

I'll allow the OP to see his father's string of late life casual short term romantic partners however he want, and I can see it however I want. I don't have to think highly of the recipients integrity for accepting such largess. Perhaps some outrage is warranted, perhaps not, but outrageous or not, the donative intent is clear.

Based on OP's 1st posting this happened over "many years"(Dad may have been 40 or 50 when he started gifting)...Various gF's over these years were given gifts. Doesn't make them "floozies".

 

[CTU]

]I'll allow the OP[/B] to see his father's string of late life casual short term romantic partners however he want, and I can see it however I want. I don't have to think highly of the recipients integrity for accepting such largess. Perhaps some outrage is warranted, perhaps not, but outrageous or not, the donative intent is clear.

That's very generous of you. Did you stamp your feet as you typed all that?

 

[PayrollHRGuy]

xylene,

You have absolutely nothing to base that on. Even the original post didn't even imply it.

 

[xylene]

Unless these girlfriends gave similar gifts to the OP's father, and apparently one of these art objects alone is sufficiently valuable to sustain the OP's father in his infirm years, then these were wildly unequal relationships. I can infer rationally from there, just like anybody else is free to do.

 

[xylene]

Rich old man gives away valuable objets d'art. Tough luck for family.

Commentary on the sad scruples of the people involved, from the father, to the son, and the girlfriends, that's a side order you get with your advice. Combo meal price: Zero dollars.

 

[latigo]

What is the name of your state (only U.S. law)? CA

My father was a well off individual for many years. During these times of posterity, he gave art, money, and trips to various girl friends. He is getting on in years and has experienced a reversal of fortune and now needs some of these assets. I'm aware of a piece of art at one of his ex girlfriends house that is a significant asset. I'd like to retrieve it so that we can auction it off to support him in his remaining years. The item in question is in her possession, but no "gift" tax has been paid, so I'm considering this as just one of his current assets that can be liquidated. How would I go about retrieving this item, if the ex-girlfriend is reluctant to give it up? Thanks for your response.

Eric

Please don't be unduly put off by the negative responses.

The issue may or may not be as cut and dried as the naysayers would have you believe. (Some of the contributors have never learned or had the need to learn - as 99% have never practiced law nor possessed the credentials to do so - that people don't seek legal advice in order to be told what they can't do!) And most certainly nobody here can claim to be privy to the attendant factual circumstances.

Also, what they have neglected to mention is that in order to establish that title to personal property was conveyed by gift there must be "clear and convincing evidence" (and some courts add "compelling" evidence) that the alleged donor intended it so.

So that if a cause of action for recovery of the object or its value were properly pleaded and prosecuted and in the proper name the girlfriend could be put in the position of needing to prove that it was your father's intention to gift her the object. And proof beyond her mere word. Possession alone of the objet d' art does not prove that it was gifted to the girlfriend! And at this juncture the fact that she has the object in her possession is all that anyone in here knows!
_____________________

However, you ask "how do you go about retrieving the item". And that presents a problem in dealing with the legal principle known as the "real party in interest". Which states that any civil action must be prosecuted or defended by the person or persons directly affected by the results of the lawsuit. So in order for you to be in command of such a cause of action (more than likely) it would have to be brought by you on behalf of your father in the capacity as his court appointed guardian/conservator. Depending that is on his mental state.

I don't know what the chances of success are nor does anyone else. But if you are interested in discussing your options, let me know.