Legal Question in Criminal Law in California

I left two paintings at my mother's home in California because I could not fit them in my car when I moved out of state. My mother promised to store them for me and that they would be safe with her until I came to retrieve them. These paintings are worth approximately $100,000 combined with the artist still alive. The artist is in his mid 80's. I was not planning to sell both of the paintings, but had considered letting one when the artist past away.

My brother took these paintings and has them going up for sale at an auction in California or New York, I do not know where they are exactly. He stated that they were not mine and that our father left them to both of us. I am absolutely fine with sharing the proceeds of from the sale of these paintings with my brother once they sell, but I do not like the fact that he took it upon himself to take my artwork and have it sold without so much as a phone call to me about it.

Do I have any rights in this situation? My mother recently past away and left the bulk of her estate to my brother, leaving me a few shares of stock as a token hush money.

I could use some advice as to how I can get my artwork back. Even if it is my brother's and mine, I do not want to sell these paintings and I have requested their return, but to no avail.

I look forward to your reply.

JAK


Asked on 12/27/13, 7:05 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

By selling the art himself, your brother is asserting ownership of the paintings. So even if he's right that your father left them to both of you, he has no right to do what he's doing. You need to get a restraining order to block the sale. That means you must act quickly, especially since you don't know where (or probably when) the sale will occur. You might have to file in a New York court -- or perhaps even in another state. Much will depend on details that you haven't provided. Since time is not on your side, you need to consult with a lawyer immediately.

Good luck.

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Answered on 12/27/13, 11:50 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

This is a civil question and you should talk to a civil litigator.

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Answered on 12/28/13, 12:15 am


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