How do I get my mom's belongings returned from my niece? 15 Answers as of July 31, 2013

My mother is in a nursing home and her belongings were taken to my sister's home when my sister died. My mom wants her pictures and other items back because my sister's daughter is the one who took everything. This person refuses to return the items. How do I go about legally to getting the items back?

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Durham Jones & Pinegar | Erven Nelson
You can file a civil lawsuit for claim and delivery.
Answer Applies to: Nevada
Replied: 7/31/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
You will have to file a repletion lawsuit.
Answer Applies to: Missouri
Replied: 7/31/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
Call the police with evidence that your mother owns the items.
Answer Applies to: Florida
Replied: 7/31/2013
Sebby Law Office
Sebby Law Office | Jayne Sebby
Petition a court to grant you, on behalf of your mother, restitution of your mother's belongings. You will need to provide a fairly specific list of what items are hers.
Answer Applies to: Nebraska
Replied: 7/31/2013
Law Offices of George H. Shers | George H. Shers
First find out why she refuses to return the items. Offer to remove the items in a way ost convenient for her. Then tell her why she is wrong and say if she does not return the items you will have to sue her. The problem is that in Small Claims Court you can get only money damages and not return of the items, which probably also have a very low value.
Answer Applies to: California
Replied: 7/31/2013
    Frederick & Frederick PLC | James P Frederick
    If your mom has capacity, SHE can request the items back. If she does not, hopefully, she gave you a Power of Attorney. If so, you can request the items back. If your niece refuses, you will need to take her to court, though. If there is no POA, then you would need to go to court to be appointed your mom's guardian/conservator.
    Answer Applies to: Michigan
    Replied: 7/31/2013
    Thompson Ostler & Olsen dba Franchise Business Law Group | Brooke Ashton
    If your niece is refusing to return your mother's property to her, this is an act of conversion. You should speak to an attorney about the possible options your mother has to recover her property.
    Answer Applies to: Utah
    Replied: 7/31/2013
    James Law Group
    James Law Group | Christine James
    You are in a tough situation. You will need to hire an attorney to write a letter. If it is financially feasible you can file a lawsuit.
    Answer Applies to: California
    Replied: 7/31/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    Hire an Attorney.
    Answer Applies to: California
    Replied: 7/31/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You, or more correctly your mother, needs to bring an action, if necessary, for the return of her property.
    Answer Applies to: Michigan
    Replied: 7/31/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Get a power of attorney from your mom and sue your sister's daughter for conversion of her personal property.
    Answer Applies to: Michigan
    Replied: 7/31/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    How ugly do you want this to get? Have mom send niece a letter, "please return my things, my (son, daughter) will pick them up." If she refuses, go to the police. Stealing is still stealing, even if you steal from someone who is old.
    Answer Applies to: Oregon
    Replied: 7/31/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    I must assume from your question that your mother did not give the items to your sister, and that your mother asserts that the items belong to her. Also, that your mother has requested the return of the items and her granddaughter refuses to return them to her. If all of these assumptions are correct then (while there are some civil alternatives available to your mother) I would advise your mother to begin by reporting the items as stolen to the police. If you or someone else has already been granted power of attorney, or is a court appointed guardian of your mother, then you may be able to assert your mother's rights on her behalf.
    Answer Applies to: Indiana
    Replied: 7/31/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    You can file a claim with the Court to force the return of your mother's items.
    Answer Applies to: Colorado
    Replied: 7/31/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    She may need to sue her in small claims court.
    Answer Applies to: Nevada
    Replied: 7/31/2013
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