Legal Question in Family Law in California

Abandoned Property

My grandparents gave me a piano 15 years ago which I have in my house. My uncle is now claiming it is his but there is no proof. Since I just want him out of my life, I told him he could have it. I sent him a registered letter giving him 15 days to remove the piano from my house. He responded telling me I had to have it delivered to him. I refused, sent him a second registered letter reconfirming the deadline and told him it would be sold if it was not removed by that date. He responded saying if I sold it he would sue me for the value of the piano plus court/legal fees. I have read up on CA. civil codes but most are written for tenant/landlord issues, which I don't believe applies. What are my rights?


Asked on 12/08/03, 4:55 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Abandoned Property

from the facts given, if you were gifted a piano from your grandparents, and your uncle has no valid legal claim to it, then the piano is your property period. if your uncle is threatening legal action without a basis citing any legal claim to this piano, this could be viewed as "harassment" in which you may have actionable counterclaims against him. further, even if your uncle does have some valid claim to this piano, which was not mentioned in your post, its highly unlikely that you would have a legal affirmative duty to deliver the piano to him, and you would have done the right thing by giving him a time limit notice to come pick it up before selling it, at least from the information you have submitted thus far. you may want to consider speaking directly with an attorney on this matter so all the facts are brought better to light.

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Answered on 12/08/03, 6:52 pm


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