Legal Question in Real Estate Law in California

My sister passed away and my brother-in-law refuses to allow me to come and pick up items I had stored in her garage.He doesn't deny that it's mine it's more like he's become a hermit and won't allow anyone into the home. What can I do?


Asked on 4/27/10, 7:36 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Diplomatically tell him that they are your things and you need to get them back. You are willing to work out a compromise in how do do so, but if he will not return them you have no choice but to sue. On a specific day he can move the items to the sidewalk area and you will pay for an lindependent mover to pick the items up and bring them to you [or if he is willing you will be there when he starts to move the items and you will put them into your vehicle].

Unfortunately, in Small Claims Court you can not sue for return of any items, only for their cash value.

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Answered on 5/02/10, 9:09 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If friendly persuasion doesn't work, there is a type of lawsuit that fits the situation. In the old days it was called "replevin" but California's Code of Civil Procedure now refers to it as a lawsuit for "claim and delivery." Basically, it is an action to recover possession of personal property wrongfully in the hands of another. Perhaps the brother-in-law would give you access to your things after receiving a letter from an attorney indicating that a suit would be filed in, say, 30 days unless arrangements were made, and carried out, for return of the property.

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Answered on 5/02/10, 10:15 am


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