QUESTION
Do I have to return abandoned personal property if requested by an estate?
Asked on Feb 25th, 2014 on Estate Planning - California
More details to this question:
I have property of my grandfather's that he brought and left on my property in 2009. He has since passed away on August 17, 2013. Now the estate wants me to personally return the property. I have a notice to appear in court March 4, 2014.
14 ANSWERS
Anna Tarasyuk
This really depends on the exact circumstances, but it sounds like the estate is going through probate, which means the person administering the estate has a duty to account for all property, so you will likely have to return it. You should consult with a local probate attorney.
Answered on Mar 03rd, 2014 at 6:50 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If the property was a gift to you, you don't have to return it. If you were just holding it for him, you do.
Answered on Feb 28th, 2014 at 5:10 PM
Edwin K. Niles
That's up to the judge.
Answered on Feb 28th, 2014 at 5:10 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I'm not sure you have to bring the property to the personal representative, but if it is grandfather's property you do have to surrender it to the personal representative. If his intent was that you keep the property, then you could assert that it was given to you as a gift.
Answered on Feb 28th, 2014 at 5:09 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If the judge orders you to do so, you will need to do so. If the property is valuable to you or if you want to make sure you have the best chance to defeat the petition, you should strongly consider hiring an attorney.
Answered on Feb 28th, 2014 at 5:09 PM
Yes, the executor has the duty to inventory and appraise the contents of the estate.
Answered on Feb 27th, 2014 at 8:44 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to obtain the services of a probate lawyer to advise you and possibly represent you in this proceeding.
Answered on Feb 27th, 2014 at 8:41 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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This is extremely fact-based.? The question is whether he gifted it to you or whether you just had possession on his behalf.? You need to discuss all of the facts specifically with an attorney to review the best course of action.
Answered on Feb 27th, 2014 at 8:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, it isn't yours.
Answered on Feb 27th, 2014 at 8:25 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If your grandfather gifted the property to you then the property was not your grandfather's when he died and it is not in his estate. Whether or not a gift was intended is a question of fact. If your grandfather left the property with you or storage then he did not intend a gift, the property remained his and it is part of the estate. What facts demonstrate a gift or abandonment. What was the intent when the property was left with you.
Answered on Feb 27th, 2014 at 8:20 PM
Unless your grandfather meant for you to have the property and left it with you solely for that purpose, you have an obligation to return it to the personal representative/executor of the estate. If you believe that the property was meant for you, go to the court hearing and present your reasons for thinking so.
Answered on Feb 27th, 2014 at 8:08 PM
You probably should plan to turn it over. Maybe you can reach a deal with the executor on certain items.
Answered on Feb 27th, 2014 at 8:07 PM
3 Awards
Yes, unless you have evidence of an arrangement that you had with your grandfather. It is possible that you may be able to get it back from the estate but you would need to file a petition to do so and the court would need to be convinced that is the correct result. Alternatively, you may have a creditors claim against eh estate for storage. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice. .
Answered on Feb 27th, 2014 at 8:04 PM
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You would have to win the argument that it was abandoned or given to you in order to keep it. Only you can decide if it is worth doing that.
Answered on Feb 27th, 2014 at 7:59 PM