Legal Question in Wills and Trusts in California

I left some paintings that I painted myself in the home where I lived with my ex. We broke up and I moved out, but had no where to leave the paintings and left them with him for safe keeping. He married and when I had asked him for the paintings he said he didn't know where they were. I assumed he dumped or destroyed them and did nothing. the paintings have no value except that I painted them. The paintings were in the house for 20 years without my knowledge that they still existed. He has since died and left the house as a life estate to his wife. Her lawyer claims that because I had no written agreement or made a claim the time has run out and now the paintings are a part of the estate. She cannot give them to me because it would be laying waste to the estate but he also told me to write him an offer to give her compensation for the paintings and that I would not put claim to anything else in the estate. Where am I?


Asked on 1/27/10, 10:35 am

1 Answer from Attorneys
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The first question that needs to be addressed is who owns the paintings - you or your ex. The answer to that question, which is not clear from the facts you have given, would determine what legal remedies are available to you how you would have to proceed. You probably would need a lawyer to assist you in getting them back through the Courts, however, which could be expensive. As an alternative, you can try contacting the ultimate beneficiaries of your ex's estate who, along with the holder of the life estate, could agree to give the paintings to you. If they really have no value, it is not clear why they would not agree to do so.

Jon Reich

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Answered on 2/01/10, 11:03 am


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