Legal Question in Wills and Trusts in California
Embezzlement ?
My half brother (my mother's son)has possession of a family heirloom from my father's side of the family. My Father assigned the oldest sibbling as an executor, but he recieved the item from another sibbling who was not the executor, (another half sister not in the blood line) without the executor's knowledge. Everyone assumed the item was in a box belonging to the youngest brother(my full brother) until brother A phoned everyone stating he planned to sell the heirloom for money to purchase a vehicle. My sister thinks he just wants money and is using the heirloom as a way to get someone in the family to purchase it from him. I feel the item is stolen, since he did not recieve it from the assigned executor, and feel we should put a restraining order against him to keep it from being sold. We live in CA while brother A lives in Houston TX. How do we go about this?
1 Answer from Attorneys
Re: Embezzlement ?
You bring an action in replevin against your brother, seeking a temporary restraining order and a preliminary injunction. Also, notify the antique dealer that the watch is stolen and belongs to whomever it belongs to. I assume great grandfather is dead and someone inherited the watch legitimately.
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