Legal Question in Wills and Trusts in California

Proving ownership

My parents and I are musicians. My parents gave me a valuable instrument about 18 years ago. My parents did not put this instrument in their trust, but they did continue to insure the instrument for me. My siblings know that this is my instrument, but because of it's value, they are saying that it belonged to my parents (so they can get more money from the estate). Is there a way that I can prove that the instrument was mine? Hundreds of musicians saw me with it, and heard me on it. My parents thought that it was clear that it was mine, as they did not put it in the trust. Is there anything that I can do?


Asked on 4/27/08, 6:10 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Proving ownership

the outcome will depend on the specific facts and circumstances of the case. the court will listen to both sides and make a decision.

for now you should retain counsel and continue to play the instrument.

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Answered on 4/27/08, 7:14 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Proving ownership

Who is the insured defined in the insurance policy. That will probably decide the issue. If the instrument was yours, only you had an insurable interest. If it was theirs, then they had the insurable interest. Whoever was to receive the money in case of loss or destruction of the instrument will be presumed to be the owner in the absence of stronger proof to the contrary.

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Answered on 4/27/08, 7:14 pm


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