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My brother died suddenly. He was separated from his wife. She now wants nothing to do with our family but has many items, furniture of mine my brother was borrowing from me. How can I get my stuff back? Do I have any rights?
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I would suggest starting with a certified letter to her seeking return of your items. If she fails to return them, you will need to sue her in small claims court or file a claim in your brother's probate if one is opened.
Answered on Jan 14th, 2014 at 10:30 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You are in a tough spot because it is very difficult to prove ownership of personal property. I am not sure why your sister in law would want it. But she appears to be in the driver's seat. If there is a probate estate, you can petition the court for the return of the items. But it may be more trouble and expense than the items are worth.
Answered on Jan 14th, 2014 at 10:30 PM
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If you can prove it is yours you can have an attorney write her a letter requesting it be returned or you will sue her. You will likely have to go to small claims court and get the value of the furniture, not the furniture if she refuses as small claims court can only give you money, not property and this case would not be big enough for a higher court.
Answered on Jan 14th, 2014 at 10:29 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Sue them in Small Claims Court.
Answered on Jan 14th, 2014 at 10:26 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If you can prove it was yours you can get it back. Sue her for conversion.
Answered on Jan 14th, 2014 at 10:26 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You could sue her for conversion of your property and ask for it to be returned. However, you will have to prove it was a loan and not a gift. If you can't, she will be able to keep the property.
Answered on Jan 14th, 2014 at 10:26 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You could sue her in small claims court.
Answered on Jan 14th, 2014 at 10:26 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You have to be able to prove that you loaned the furniture to your brother and did not give the furniture to your brother.
Answered on Jan 14th, 2014 at 10:24 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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The first thing you should do, of course, is ask your brother's wife to return the same. If this fails you could file an action and read request that the court issue a writ directed to your former sister-in-law telling her to return the items which you loaned to your brother. You will need an attorney to file this on your behalf.
Answered on Jan 14th, 2014 at 10:24 PM