Can my father sue his brother to get back old photo albums that his brother stole?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my father sue his brother to get back old photo albums that his brother stole?
About 3 years ago, my father’s mother passed away. Beforehand she left a Will stating that my father would decide how everything was distributed and no one else. Yet immediately after she died his brother went right to her house and gave everything away; he also took the special family albums that my father desperately wanted. Now, his brother refuses to give the albums back even though he knows that my father wanted them. New Link Destination
this day my dad is upset over his brother giving everything away and taking the albums. Is there any legal way to make the brother give the photo albums back to my dad?
Asked on February 27, 2016 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Stealing is not just a crime, it is a also a "tort," a civil wrong which may be sued over. Your father could sue his brother for the return of the album; since he is seeking a court order for its return and not simply the monetary value of the album, he can't sue in small claims court but rather needs to sue in "regular" district or county court. He would have to prove, whether by credible testimony or otherwise, that the album was given to him and not his brother, and that his brother took the album without permission.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.