This discussion has broadened from the original question, and has
brought up a lot of different 'claim' problems. I dealt with all the
situations you have all mentioned and many more equally nasty in a
collection I once worked with.

I'm glad someone finally brought up the IRS in this discussion. It is
actually the bottom line reason why you can't return items to donors.
My understanding from a Leonard DuBoff seminar (author of The Desk Book
of Art Law) is that it doesn't matter whether or not the donor actually
took the tax deduction... they were eligible to, and the IRS thus
considers the property was transferred from private to public sectors.
To transfer it back to private sector requires compensation to the
public sector.  (i.e. the donor could buy it back from you, but guess
how well telling them THAT goes over!)

As for old loans, they are always loans and cannot be disposed of or
claimed until you go through the entire process of your state's
'Unclaimed Loan" law, which can take years and a lot of time and money
in advertising for the donor or heirs.  You are stuck with them until
you do that. (See story below for why you should not sereptiously cause
them to vanish, no matter how unuseful they are to your collection.)

And as for returning old loans to heirs, the ONLY way they can prove
that they are the rightful person to claim the item is if they can bring
you documentation that they are the executor of the estate.  You can
ONLY turn something over to the executor of the donor's estate. There is
NO WAY (except a will) to "...prove the donor/lender wanted them to have
the item." I found that in many cases things had been given to the
museum so that the donor didn't have to deal with multiple relatives who
wanted the items. There were even occasionally letters in the file
stating that 'under no circumstances ever give this to ____ ' (named
relatives).

Last but not least, the ONLY way you can protect yourself and those who
come after you is to get clear title to every single item that comes to
your museum!! (Or document that it was left on the doorstep in the
night.)

--Imagine being the Museum Director in this true story:  donor/lender
"leaves" large collection of antique guns (~ 35) in museum in the 1920s.
(No record as to whether it was a gift or a loan.) His son believes that
his father (the donor/lender) meant him to have the collection but he
never claims it. Then, in his will, he leaves the collection to HIS son
(the donor/lender's grandson). The grandson, as executor of his father's
estate cannot settle the estate and distribute to other heirs until the
matter is resolved, AND the grandson is upset because about half of the
collection seems to be missing from the museum.  What would YOU do?

Lucy Sperlin



Wanda Edwards wrote:
>
> No one has mentioned the IRS in this discussion.  If the original donor took
> any type of tax deduction for the donation, the institution is obligated to
> inform the IRS about the return of the item.  Just mentioning that aspect is
> usually enough to dissuade family members from seeking a return of an item,
> especially if they were planning to sell it and keep the profit.
>
> Also, if the donor/lender is  dead, how do you know the family member
> claiming the item is the person who should get it?  If you return the item
> to the wrong family member, how will you deal with the other members who
> show up on your doorstep demanding to know why you gave it that person and
> not them?  You can diffuse the saturation be asking the family member to
> prove the donor/lender would have wanted them to have the item or requiring
> that the person have the permission of other family members to take
> possession of the item.
>
> I've had this happen to me a few times (involving small items) and I always
> require the person to send a formal, written request to the Board.  Usually
> there is no follow up, but if there is, it is the board's decision not yours
> as a curator.  If you have the paperwork to back up your recommendations,
> you are in a stronger position to retain the item.  If it's the original
> lender/donor and the paperwork is incomplete or none existent, the Board
> needs to make the final decision.
>
> Wanda Edwards
> Curator of Collections and Library/Archives
> Orange County Regional History Center
> 65 East Central Boulevard
> Orlando, FL 32801
> www.thehistorycenter.org
>
> Phone: 407-836-8587
> Fax:     407-836-8550
>
> These are my personal opinions and do not necessarily reflect the policies
> or opinions of the institution or county.
>
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