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Loren, Attorney
Category: Legal
Satisfied Customers: 31406
Experience:  30 years experience representing clients.
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After my wife of 51 years passed away, our daughter asked if

Customer Question

After my wife of 51 years passed away, our daughter asked if she could wear her mother's jewlery. After a discussion with our son, who conceded that he had no immediate use for them, I agreed to let her use them and it was clear to the three of us that I was not giving them to her and would be returned to me when I asked for them. Unfortunetly my daughter subsequently died of cancer with the jewelry in her possession. Now her husband claims I gave the jewelry to her and are now his to do what he wants with them.
Of all the costume and real jewelry involved, I'm only concerned with the recovery of four rings. My wife's wedding ring which matches my own, a mother's ring with our four birthstones, a diamond engagement ring which we bought many years late when we could afford it and another diamond ring which I bought as a pre-fifty year anniversary gift. All told the worth of these items is probably a little less than $3000. Needless to say because of the fifty years to accumulate these items I have very little in the form of receipts to show ownership
How can I recover these item.....or can I?
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question and provide excellent service.
You would need to file a replevin action. That is how you recover property in the possession of another.
It does not sound as if there is any dispute as to the origin of the jewelry. So, all you need to be able to prove is that the items were lent and not given. That can be shown by witness statement, other occasions where jewelry was lent and returned or letters or emails, etc.
I hope this is helpful. If you have any follow up questions feel free to post them. It is never a problem.
Thank you.