Legal Question in Wills and Trusts in Georgia
My son and his girlfriend stored their furniture in my basement for over 5 months. When my other son took their 2 nightstands and sold them, they found out and came to remove their other furniture. There was an agument about what was taken. My son that took the nightstands, told his brother and his girlfriend that he would try to get them back or replace them. They stated that it was fine and then they went on about their business. Now the two are taking a warrant out for myself and my son that took the nightstands. Is this possible after we all come to the agreement to get them back or replace them? I told them that found two Ethan Allen nightstands, but they don't want them they want $1400 cash. I want to know if there is anything they can do since the stuff was in my house and also if they could get that much for the nightstands.
2 Answers from Attorneys
Your son committed a crime and go to jail for up to a year. Get a good criminal lawyer. Even paying for the nightstands doesn't undo the crime.
What does this have to do with probate? It is either a criminal matter or possibly civil.
Taking something that does not belong to you and disposing of it is the crime of theft. If you knew about the removal, then you might be an accessory to the theft.
You give confusing facts - either they took out a warrant, which is criminal, or they are asking for $1400 in compensation, which is civil. $1400 seems excessive and they would have to prove the value in court. You would likewise have to prove the value by finding comparable items and their cost.
If this is criminal, then you and your son need to hire separate criminal attorneys. The attorneys may be able to get the charges against you dismissed if you had no involvement in the theft. They may also be able to get the charges against your son dismissed if he pays restitution that is agreed on.
Get lawyers now. You each need separate lawyers because of the possiblity of a conflict between you and your son unless everyone agrees in writing. Most attorneys will not take you and your son as clients though.
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