In the case of missing documents (lender or gift), the burden of proof is on
the claimant.  Hopefully you know the person's name who gave you the objects
for your care so you have a name to start from.  The "new" owner would have
to show legal proof of inheritance.  If the items are not specifically
mentioned at the time of probate, they are part of the general estate and
whoever received that would be the legal owner.  If more than one person
did, then they inherited it jointly.  Otherwise they will need to show some
written document (that could hold up in court) to illustrate the transfer of
ownership outside of the will/probate settlement and it should be looked at
by your lawyer for their opinion.  If you are not sure or the documentation
is not clear then stand your ground.  Even without paperwork, your
institution was entrusted with the care of the objects and you must do
everything in your power to return the item to its legal owner.  

Involve your lawyer in the discussions and do not give in to sweep it under
the rug (so to speak).  When people get confrontation, explain that you are
following the law and you want to return it to them, but you must protect
the object, the institution and follow all legal/institutional polices.  If
you gave something back and they were not the owner, your institution could
be liable if you failed to require legal proof.  If you do all of these
things and someone still claims ownership, then it should go to the courts
for a decision.  

Sincerely,
Tracie Evans
TRHFM Collections Manager

> -----Original Message-----
> From:	Susannah West [SMTP:[log in to unmask]]
> Sent:	Friday, March 11, 2005 10:45 AM
> To:	[log in to unmask]
> Subject:	missing artifacts
> 
> > Date:    Wed, 9 Mar 2005 00:10:43 EST
> > From:    "David E. Haberstich" <[log in to unmask]>
> > Subject: Re: Missing artifacts
> >
> > In a message dated 3/8/2005 2:12:42 PM Eastern Standard Time,
> > [log in to unmask] writes:
> >
> > << 1. Does the possible "donor" have legal papers showing what exactly
> > he/she donated?
> > 2. How do you know if he is not wanting things that were really never
> > his/hers?
> > 3. Did the "donor" make an earlier IRS tax claim on the items, now
> > wants the items back? >>
> >
> > ...whereas the original inquiry stated: "I have a donor that would like
> > his  loan back, but I cannot find almost any of his stuff." If we are
> > really talking  about a loan, I'd suggest that you begin by not calling
> > the lender a "donor,"  as this apparently incorrect term is already
> > causing confusion.  Or is "loan"  the incorrect word?  Is there
> > uncertainty about whether the transaction was a  gift or a loan?  It
> > isn't clear to me whether the papers documenting the  transaction are
> > also missing, but if they are, I would concentrate on locating the
> > papers first before worrying about the artifacts.  You need documentary
> > proof  as to whether the original transaction was considered a gift or
> > a loan.  A  gift should not be returned to the donor except in unusual
> > circumstances, due to  IRS and other considerations, and you can
> > diplomatically explain this to a  donor.  Although being unable to
> > locate donated items is troubling and  embarrassing, missing loans are
> > a far bigger headache because loans naturally assume  the eventual
> > return to the owner.  So which is it, a loan or a gift?
> >
> > Good luck in straightening this out.
> >
> > David Haberstich
> 
> A related question:  at the John Rankin House in Ripley, Ohio, there are
> several items that were loaned by a descendant sometime in the early
> 1960s.
>  However, there doesn't seem to be any loan documentation.  Should a
> descendant show up wanting these items returned, how would he/she prove
> ownership?
> 
> Susannah West
> Ripley, Ohio
> 
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