Are we still legally responsible for still storing tools that my uncle inherited from my grandfather after 13 years?

UPDATED: Oct 1, 2022

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Are we still legally responsible for still storing tools that my uncle inherited from my grandfather after 13 years?

My grandfather passed away 13 years ago. My mother is storing tools at her house for my uncle wherein he was supposed to get what tools he wanted, as well as my father. My father passed away 5 years ago. My uncle has no place to store the tools and hasn’t said anything about them in years. Can we get rid of them?

Asked on December 13, 2018 under Estate Planning, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Send your uncle written notice, sent some way you can prove delivery (e.g. certified mail with tracking) that he has, say 60 days to remove the tools or you will consider that he has abandoned them and no longer wants them, and you will then dispose of them. Send follow-ups at the 30 and 15 day marks. If after three notices and two months he has not removed them (or not even responded), you should be fine getting rid of them.

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 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.

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