Do I have to give items back listed in a will?

[francy41]

WASHINGTON STATE

My dad gave me a box of family photos 1 yr prior to his death. My brother is now wanting me to give these to him because in my dads will it states my brother gets all my dads photos. Because the photos were given to me prior to my dads death and have been in my possession for 1 yr, do I have to give these back to my my brother because they’re considered still a part of my dad’s estate? Also I’ve offered to make copies but he insists on the originals. Thank you

 

[adjusterjack]

No, they are not part of your Dad's estate. He gave them to you when he was alive. He no longer owned them. You don't have to give them back.

The same would apply to anything else he gave away or spent while he was alive. Your brother is being an idiot.

Scan the photos on to your computer. Put them on a USB stick. Hand it to your brother.

 

[Zigner]

What were the "terms" of him giving you the photos? Did he give them to you to hold on to for him? Did he give them to you to scan for him?
In other words, were they gifted to you, or were they given to you for some other reason?

Another option is to make copies for yourself and give your brother the originals. I mean, if copies are good enough for him, why wouldn't they be good enough for you?

 

[adjusterjack]

Photo scanners put out some high quality stuff.

 

[LdiJ]

WASHINGTON STATE

My dad gave me a box of family photos 1 yr prior to his death. My brother is now wanting me to give these to him because in my dads will it states my brother gets all my dads photos. Because the photos were given to me prior to my dads death and have been in my possession for 1 yr, do I have to give these back to my my brother because they’re considered still a part of my dad’s estate? Also I’ve offered to make copies but he insists on the originals. Thank you

If your dad gave you something with the intent that you were to keep it, then it was no longer your dad's and therefore not part of your dad's estate.

 

[Litigator22]

WASHINGTON STATE

My dad gave me a box of family photos 1 yr prior to his death. My brother is now wanting me to give these to him because in my dads will it states my brother gets all my dads photos. Because the photos were given to me prior to my dads death and have been in my possession for 1 yr, do I have to give these back to my my brother because they’re considered still a part of my dad’s estate? Also I’ve offered to make copies but he insists on the originals. Thank you

(Believe me when I say that this is not as simple as it may appear, or as others seem to believe. Just ask a law student how effortless the course in personal property law was. One failing frat bro called it entrapment designed to free up more parking places.)

Of course, property that dad gifted prior to death is not be included in his estate. You didn't need to be told that.

But the verb in your statement that he gave you a box of family photos is subject to different interpretations and indicative of varying intent and purpose. He might have given you the keys to his pickup, but with no intention to transfer ownership to the truck. Or handed you the box of family photos for you and your others enjoyment, but not necessarily to keep as you own.

Here is the legal gist of it. In order to pass title to personal property by means of gift two things must co-exist. (1) The donor's present intent to relinquish and pass ownership of the subject to another - the donee. (2) Coupled with a physical transfer of possession or exclusive control of the subject matter to the donee. Without both, title does not pass!

So, if you want some meaningful, experienced help in combating your brother's insatiable greed, then let's talk about what evidence you have to satisfy element (1) above. Saying in court what little you have said here might not be enough.

 

[Lawcenter23]

In the context of your father's will, the timing and possession of the family photos become crucial. Since your dad gave you the box of family photos a year before his passing, and they have been in your possession during this time, they may not be considered part of his estate. However, the interpretation may depend on the specific language used in the will. I recommend reviewing the will with a local Trust and Will attorney to determine the legal implications and discuss potential options for resolution. Making copies of the photos is a reasonable compromise, and your attorney can provide guidance on how to navigate this situation amicably.

 

[Zigner]

In the context of your father's will, the timing and possession of the family photos become crucial. Since your dad gave you the box of family photos a year before his passing, and they have been in your possession during this time, they may not be considered part of his estate. However, the interpretation may depend on the specific language used in the will. I recommend reviewing the will with a local Trust and Will attorney to determine the legal implications and discuss potential options for resolution. Making copies of the photos is a reasonable compromise, and your attorney can provide guidance on how to navigate this situation amicably.

I'm reporting your post due to the commercial link (removed above). Reputable attorneys (or their firms) don't troll internet legal forums for clients.