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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I have a question regarding a specific Missouri law. Is this

Resolved Question:

I have a question regarding a specific Missouri law. Is this a free service or is there a fee involved?
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

Under Missouri Law, the trunk was still yours. Your sister agreed to store it for you, and under the law, she would not get any proprietary interest in it. If your sister could no longer store your trunk, she would have a legal obligation to inform you in writing that she would no longer store your trunk and give you thirty days to go and retrieve the trunk.

 

What you have here under the law is a "Bailment" where an individual holds the property of another. When you go to a restaurant and leave your coat with an employee who gives you a "claim check", but because you pay to check your coat, it is a "Bailment for Hire" which means that they must exercise a reasonable amount of care in protecting your coat. In a Bailment where the owner does not pay the individual anything for storing their property, they only have to exercise "slight" care in protecting the property. Therefore, you probably could not collect the value of the book from your sister, but since you know that her son took it, you can sue him for the value of the book. Kindly rate my service to you so that I can receive credit for researching your question and furnishing you with an Answer and what recourse you have. It will not cost you anything additional, but, without a rating, I will not receive any credit for assisting you. Thank you for understanding,

 

____________________________________________________________________

 

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

 

Thank you for allowing me the opportunity to be of assistance,

 

 

ANDREA

 

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11792
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I am not interested in the monetary value of the book, I want to contest the donation and, if possible, regain possession of the book. Eventually, I will donate it to the museum; however, at this point, I simply want the book. Would I have to obtain the services of a lawyer and actually sue the museum?
Customer: replied 1 year ago.
Thank you for the information. Even if I were interested in suing my nephew for the auction value of the book he could not afford it. I would not be surprised to find out that while my book may not be the only copy, it is probably the only copy in such good condition (at least it was in excellent condition when I packed it). For more than 17 years I have been asking my nephew what he did with the book. When, upon my return to Virginia, I wrote and asked him the name of the museum, he responded with a very ugly letter vehemently denying any knowledge of the book. During the ensuing years, I have asked him several times for the name of the museum. Based on the e-mail regarding my membership (which I did not apply for)to the WWI Museum in Kansas City, and my sister's response to my continuing questions about the disposition of the book, i.e. "I don't know anything about the book, but if I did I probably(?) would have donated it to a museum in Kansas City." I am confident that my nephew donated the book to the WWI Museum in Kansas City, MO. I am not interested in the monetary value of the book; I want to contest the donation, and I want the book returned to me, the rightful owner. I have no doubt that the museum will not simply hand me the book, pat me on the head and send me on my merry way. Is there a strong possibility that in order to force the issue (assuming that my nephew refuses to tell the truth about how he obtained the book), I would have to retain the services of an attorney and sue the Museum for possession of the book? Obviously, I cannot afford that; however, in your opinion, is there a strong chance that a lawsuit would be the only way I could get the book back. PS If you were to meet my nephew, you would see what a small man he is physically and if you talked to him very long, you would understand why, in my opinion, he took the book and donated it
Expert:  Andrea, Esq. replied 1 year ago.

You should visit the Museum first to see if they have the book. If the book is in their possession, ask to speak to the Curator of the Museum, tell him or her what happened and that the person who donated the book did not have own the book and it was not his to give, sell, or donate it to anyone. Actually, they should be reasonable because they do not want to deal in stolen property.

 

If the Museum's Curator is not reasonable, you could go to all the newspapers with your story and try to get it back through casting the Museum in a bad light. Then, if that does not work, then your only option is to file a lawsuit against the Museum. If you reach the point where you have to file a lawsuit, I would strongly recommend retaining an attorney to handle the lawsuit. You do not want to have gone through all that you are going through to reach that point only to lose the book on a legal technicality.

 

____________________________________________________________________

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

 

Thank you for allowing me the opportunity to be of assistance,

 

 

ANDREA

 

 

 

Customer: replied 1 year ago.
Thank you very much; I plan to visit the museum after Memorial Day. I thought that I would have to talk to the Curator, and I appreciate your verifying that. You have been a tremendous help. If the museum is in possession of the book, and if the museum refuses to cooperate, I would certainly retain the services of an attorney; however, I hope this issue can be resolved more easily because quite honestly, I can't afford an attorney! Thank you again.
Expert:  Andrea, Esq. replied 1 year ago.
You are very welcome ad I a glad that I could be of assistance. If you have any other concerns or if you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question, like this,

"For Andrea only .......... "


I wish you the best of Luck, Please let me know the Museum's reaction,


ANDREA


Customer: replied 1 year ago.

For the sake of argument assume that I have retained you as my attorney, met with you in person and presented you with the same information about this situation,.Would you, as my attorney, consider what I have told you enough information to write a letter to either my nephew or the museum or both, threatening legal action, based on Missouri law, if the book is not returned to its rightful owner. I want to make sure, if legal action becomes necessary, that an attorney would take the case based on the information I gave you.


 


The museum accepted this book in good faith, so is the museum still accountable for accepting this rare book since it did not belong to the donor? Obviously, since Mr. Turner has, for more than 15 years, lied about what had happened to the book, he clearly knew that he had no legal right to take the book and donate it.


 


I have talked to a couple of friends about this situation, and they don't seem to understand that even if this is "only a book", to me it is a family heirloom and, as such, whether or not to donate it to the museum sh


 


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