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Legalease
Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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What would be my rights, if any, under this situation? I worked

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What would be my rights, if any, under this situation? I worked for a Lady, as a caregiver for about 3 years, that has passed away about a year ago. Her daughter gave me some of the furniture, old clothes and kitchenware that were left at the apartment. I got a call from the son wanting the furniture back because he was supposed to be the executor of their mother's estate not the daughter. He is suing the daughter over the handling of their mother's financial affairs, estates etc etc. I believe my name is XXXXX XXXXX the lawsuit because I take the furniture, old clothes, kitchenware. I still have all the stuff with me and never used them except for 4 chairs that we used that are still good. All of the old clothes and kitchenware are still in boxes, never opened. The son only wanted the furniture but I told him he can take everything back. I do not want anything to do with them. Most of the stuff I stored in my garage.

Even tough I am willing to give them all back I can't help but wondering what are my legal rights, if any, in this situation. Am I required by law to give them back? Is keeping the stuff for over a year gives me a right to own them or dispose of them? I did not know that the daughter wasn't the executor, I could have given them away or something before the son contacted me. If I'm required by law to give them back can I charge the son or the estate for storage fee? what happened if I had disposed off the property before I get the call from the son(Just wondering)? I live in California...Thank you

Hello there -

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Have you received any legal service of process from the probate court or from the son's attorney? Or was this just a request from the son?

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MARY

Customer: replied 3 years ago.

Hi Mary


 


Thank you for responding


 


Nothing from probate court.


 


I got a "Notice of Administration of the Estate of (name of the person) Decedent", I think its a form number DE-157, a form DE-172 Creditor's Claim that is not filled and a service list, with my name and address on it, from the son's attorney.


 


This is all I got. The rest were just phone, email and in person conversation with the son.


 


Lavi


 


 

Hello again Lavi -

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While this entire situation is unfortunate, if you are certain that the brother is the administrator of the estate then it is legally true that the sister really had no right to give you the personal items of the deceased woman without the brother's permission. Only the administrator of an estate can legally dispose of anything from the estate -- including clothing and things that really do not seem to have any real value. You did absolutely nothing wrong here, but if you still have the items, my suggestion is to return them to him -- but make sure that you get an inventory of every single item that you have and that you give back to him and make him sign a receipt for it -- that way you can keep yourself out of any court battle that may be brewing over this entire estate. Once you have a signed inventory receipt, if you get any court summons or inquiries from anyone in the future you can simply copy the receipt and let it be known that you gave the items back to the estate administrator. And, to answer your question regarding what would happen if you had sold or disposed of the items -- nothing -- he could try to sue you in court and claim that you knew you were not entitled to receive the items but he most likely would not be able to prove anything and the court would most likely drop any case against you. However, to avoid any court issues or problems, your best bet here is to return the items and get a receipt for everything.

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Please let me know if you have further questions.

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MARY

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Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid nothing unless you press a positive rating below. Pressing a positive rating below will NOT cost you any additional money -- it just acts as a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!

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Customer: replied 3 years ago.

Thank you very much Mary. Everything is clear now. I give you a 5th face Cooltitle="Cool"/>


 


Lavi

Thank you Lavi -- I appreciate that !