Legal Question in Civil Litigation in California

Co-Mingling of Property, who owns what?

My aunt and grandmother lived together for the last 15 years. Nine months ago my aunt died and my grandmother remained living in their house. Two weeks ago, Grandma moved to a assisted living facility and requested that we moved out her unneeded belongings and sell them for her. We received a letter from my cousin's attorney stating that some of the belongings I have in storage may be her mother's and wants us to provide and inventory for them to go over.

I have no problem returning anything to them if they tell me what they are missing, but I don't want to allow them to pick and choose among Grandma's stuff. I really have no idea what belongs to who. How long do I have to store this stuff before I can get rid of it? Am I liable in this situation at all?


Asked on 4/21/02, 6:44 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Co-Mingling of Property, who owns what?

You may be considered a constructive trustee which means you have to provide an inventory to the requesting party. But if your cousin wants any of her belongins you have to give them to her only after storage fees are paid. So, give the inventory with a fat bill for storage to your cousin. Tell her she has 30 days to pick the stuff up and pay the storage fees or you will sell it to pay for the storage.

Read more
Answered on 4/21/02, 11:27 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California