QUESTION

Can I sue my sibling over a train collection that was handed down to me from my father? If so, what type of lawyer would be needed?

Asked on Nov 07th, 2019 on Civil Litigation - Pennsylvania
More details to this question:
My sister confiscated my train collection from my mothers house years ago so that her young boys could enjoy them. I knew where they were at so I figured that I could always get them anytime I wanted. However, my sister believes they belong to her for some reason and refuses to give them back. She is not entitled to keep these and also deny MY kids their only inheritance from from my father. My 2 sisters and I DO NOT get along nor speak to each other. My mother just recently past on and this issue is the only thing keeping me from moving on and never having to deal with them for the rest of my life. Thank you for your help!
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The answer to "can I sue" is always yes, but the question is how strong is your case.  You say the trains were "handed down."  What does that mean?  Did your father leave them to you under his will?  Did he give them to you before he died?  Assuming the latter, can you prove it?  If your father did not give them to you before he died or leave them to you in his will, they would have passed to whoever inherited the residuary of his estate (the part left over after specific bequests are satisfied), presumably your mother.  If so, what if anything did she direct regarding the trains, either in her will or gifting them before she died?  What I'm getting at is that you may not be able to prove that the trains legally belong to you.  Another issue is the statute of limitations.  Your sister has had the train collection for years.  You would have a finite amount of time to sue her to recover them; I don't know the exact period in Pennsylvania, but it sounds as if a great deal of time has passed.  If you had an agreement that your sister could keep them until her kids reached a certain age, and agreement which was only breached a short time ago when the kids reached that age, you would be within the limitations period because her wrongdoing would have occurred only recently, but if her wrongdoing occurred when she took the trains years ago, your claim will probably be barred.
Answered on Nov 07th, 2019 at 7:58 AM

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