Do I have to return abandoned personal property if requested by an estate? 20 Answers as of March 03, 2014

I have property of my grandfather's that he brought and left on my property in 2009. He has since passed away on August 17, 2013. Now the estate wants me to personally return the property. I have a notice to appear in court March 4, 2014.

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Tarasyuk Law Offices
Tarasyuk Law Offices | Anna Tarasyuk
This really depends on the exact circumstances, but it sounds like the estate is going through probate, which means the person administering the estate has a duty to account for all property, so you will likely have to return it. You should consult with a local probate attorney.
Answer Applies to: California
Replied: 3/3/2014
Attorney At Law | James G. Maguire
If the property was a gift to you, you don't have to return it. If you were just holding it for him, you do.
Answer Applies to: Louisiana
Replied: 2/28/2014
Stephens Gourley & Bywater | David A. Stephens
If it was truly abandoned then you do not have to return it. If you are just holding it, you would have to return it.
Answer Applies to: Nevada
Replied: 2/28/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
That's up to the judge.
Answer Applies to: California
Replied: 2/28/2014
Frederick & Frederick PLC | James P Frederick
If the judge orders you to do so, you will need to do so. If the property is valuable to you or if you want to make sure you have the best chance to defeat the petition, you should strongly consider hiring an attorney.
Answer Applies to: Michigan
Replied: 2/28/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    I'm not sure you have to bring the property to the personal representative, but if it is grandfather's property you do have to surrender it to the personal representative. If his intent was that you keep the property, then you could assert that it was given to you as a gift.
    Answer Applies to: Oregon
    Replied: 2/28/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You need to obtain the services of a probate lawyer to advise you and possibly represent you in this proceeding.
    Answer Applies to: California
    Replied: 2/27/2014
    Estrada Law P.C. | Michele Ungvarsky
    Yes, the executor has the duty to inventory and appraise the contents of the estate.
    Answer Applies to: New Mexico
    Replied: 2/27/2014
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    This is extremely fact-based.? The question is whether he gifted it to you or whether you just had possession on his behalf.? You need to discuss all of the facts specifically with an attorney to review the best course of action.
    Answer Applies to: Illinois
    Replied: 2/27/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Yes, it isn't yours.
    Answer Applies to: Idaho
    Replied: 2/27/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If it was claimed in the probate courts as a part of the inventory as a part of the estate, then yes you do have to return the property.
    Answer Applies to: Florida
    Replied: 2/27/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Just because he left it does not mean he abandoned it unless you have something which states that. Otherwise that is just your interpretation.
    Answer Applies to: California
    Replied: 2/27/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Yes, unless you have evidence of an arrangement that you had with your grandfather. It is possible that you may be able to get it back from the estate but you would need to file a petition to do so and the court would need to be convinced that is the correct result. Alternatively, you may have a creditors claim against eh estate for storage. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice. .
    Answer Applies to: Nevada
    Replied: 2/27/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If the property is in fact the rightful property of the estate, the estate is entitled to recovery of the property. If you intend to claim that the property was abandoned and is not owned by the estate, the March 4 hearing gives you the opportunity to make that argument.
    Answer Applies to: Minnesota
    Replied: 2/27/2014
    Durham Jones & Pinegar | Erven Nelson
    You probably should plan to turn it over. Maybe you can reach a deal with the executor on certain items.
    Answer Applies to: Nevada
    Replied: 2/27/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If your grandfather gifted the property to you then the property was not your grandfather's when he died and it is not in his estate. Whether or not a gift was intended is a question of fact. If your grandfather left the property with you or storage then he did not intend a gift, the property remained his and it is part of the estate. What facts demonstrate a gift or abandonment. What was the intent when the property was left with you.
    Answer Applies to: Illinois
    Replied: 2/27/2014
    Kirby G. Moss PC | Kirby G. Moss
    If it belonged to him, probably should return it.
    Answer Applies to: Indiana
    Replied: 2/27/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Unless your grandfather meant for you to have the property and left it with you solely for that purpose, you have an obligation to return it to the personal representative/executor of the estate. If you believe that the property was meant for you, go to the court hearing and present your reasons for thinking so.
    Answer Applies to: Nebraska
    Replied: 2/27/2014
    James Law Group
    James Law Group | Christine James
    You would have to win the argument that it was abandoned or given to you in order to keep it. Only you can decide if it is worth doing that.
    Answer Applies to: California
    Replied: 2/27/2014
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