How would I proceed request an item from a friend's estate?

[debodun]

Jurisdiction

New York

A casual friend of mine passed away in April. In 2012, I gave her a painting my aunt did out of my aunt's estate since they were very good friends. I would like to have the painting back, but not sure a tactful or legal way to proceed as I don't know her relatives (she was a widow with no children) or who her executor is.

 

[Red Kayak]

Short answer: it depends. But it was a "gift" so you don't have any legal "right" to it. So it depends on whether it is easily located and whether those handling the estate see the painting as trash or treasure.

Three obvious cases:
Case 1: The casual friend had a will, and the painting is specifically bequested to someone other than you. Then you are SOL, unless that person is willing to give/sell it to you.
Case 2: No bequest mentions this painting, but your aunt is a famous artist, the picture is significant $. Then you should offer to buy it back.
Case 3: Your aunt is an unknown painter, the painting's value is mostly sentimental, and no one else alive has a sentimental attachment to it. Then whoever is handling the estate will be glad to unload one more item.

 

[adjusterjack]

A casual friend of mine passed away in April. In 2012, I gave her a painting my aunt did out of my aunt's estate since they were very good friends. I would like to have the painting back, but not sure a tactful or legal way to proceed as I don't know her relatives (she was a widow with no children) or who her executor is.

Well, if you don't know who her relatives are or who the executor is, you start with the NY Surrogate court's records in the county or borough where your friend lived at the time of her death.

Probate records should be public record and tell you who the representative of the estate was and who any of the beneficiaries of the estate were.

Addresses might not be up to date after 14 years but it's a start.

 

[Tax Counsel]

A casual friend of mine passed away in April. In 2012, I gave her a painting my aunt did out of my aunt's estate since they were very good friends. I would like to have the painting back, but not sure a tactful or legal way to proceed as I don't know her relatives (she was a widow with no children) or who her executor is.

Fourteen years is a long time and it's possible your friend no longer had it after all those years. Regardless there is no legal action you can take to get it back. You have to rely on the generosity of whomever has it now, if anyone. The first thing you need to do is figure out how your friend's estate plan (if she had one) was set up. In NY state it's common to use trusts and other estate planning methods to keep as many assets out of the probate process as possible. If the painting passed by way of a trust you likely won't be able to find exactly who it was that received it as trusts are not generally public records. As Jack suggests, check the records in the county your friend resided in when she died to see if any probate case is currently taking place. If so, look at the probate records to see what information you can find that will help you in tracking down where the painting is now.

Bear in mind that if the painting was special to your friend and she had a particular reason for giving it to whomever received it asking for it back will likely come off badly. If the recipient sees it as a special reminder of your friend, then you coming in and asking for it may seem rather cold and uncaring.

 

[zddoodah]

Was the giving of the painting in 2012 accompanied by a written agreement, signed by the deceased, that the painting would be given to you upon the person's death? If not, your post raises no legal issue. Find someone related to this friend and ask.